The Cedar Rapids Gazette , Thurs., Jan. 27, 1983

COUNTY PAYS $250,000 TO ACCIDENT VICTIM
By Ann Mittman
Gazette Johnson County Bureau

IOWA CITY - A $250,000 out-of-court settlement has been paid to a South Amana man who filed a lawsuit against Johnson County as a result of a 1981 road grader accident on a county road near the Coralville reservoir.

The lawsuit filed Oct. 5, 1981, in Johnson County District Court by Randal P. Kurk contended the Aug. 7, 1981, accident was a result of the county's negligence in "designing and maintaining the road in a deceptive, defective and dangerous condition."

Kurk had requested $1 million compensatory and $1 million punitive damages for "past, present and future" medical expenses, disability and loss of income related to the injuries he suffered in that accident.

Kurk, an employee of Iowa City paving contractor L.L. Pelling Co., was driving a road grader about 7 a.m. from one job site to another on a county road near Lakeview Knolls, a subdivision overlooking the reservoir, the lawsuit stated. The road's shoulder gave way, the lawsuit claimed, and the grader overturned, causing Kurk serious injuries.

Although the lawsuit was filed in Johnson County, Kurk's Cedar Rapids lawyer Tom Riley requested and was granted a change of venue to Iowa County. A trial was scheduled for Jan. 10, but a dismissal was received Tuesday by the Iowa County clerk of court's office.

Western Casualty & Surety Co. of Ft. Scott, Kan., representing Johnson County, and Riley reached a settlement Jan. 7, Riley said.

Riley maintained "the county was negligent because the road was narrow and there were no warnings of the sudden drop off and weeds concealed the fact there was no shoulder."

Iowa City lawyers Bill Tucker and Bruce Walker, representing the insurance company, could not be reached Tuesday afternoon for comment on the settlement.

Johnson County Attorney J. Patrick White said the settlement doesn't admit any wrongdoing on the county's part. "It is the county's feeling it was not negligent," he said.

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