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Tuesday, February 05, 2002

Hamilton Co. to settle suit involving fallen tree limbs




By Dan Klepal
The Cincinnati Enquirer

        Hamilton County commissioners are expected to approve the settlement of a lawsuit later this week that will cost taxpayers $450,000 but, they say, will protect the county engineer's budget in the long run.

        The lawsuit was brought by Anderson Township residents Kenneth and Harriet Lazarus in 1999, after a large tree limb fell on their car as the couple drove down Clough Pike. The branch crushed the top of the car and paralyzed Mr. Lazarus.

        County officials said Monday they don't believe the county should be held liable. They said the tree was growing on private property and not in a county right-of-way.

        But taking the case to trial could risk setting a precedent that could force the county engineer to trim all tree branches hanging over county roads, said Hamilton County Engineer William Brayshaw.

        “We have many overhanging limbs over roadways,” Mr. Brayshaw said. “The general public would be upset if we cut every canopy hanging over a road. And we wouldn't have enough money to do that if we had to.”

        The lawsuit says Hamilton County is liable because it should have known the tree limb was in danger of falling. The limb that fell was in “county right-of-way airspace,” according to the lawsuit.

        Glen Hazen Jr., attorney for the Lazaruses, said the county's settlement will put an end to the lawsuit. The property owners have already settled their part of the suit for $300,000.

        “My clients are very, very happy the case is over,” Mr. Hazen said. “They really need the money because Ken is still in the home and his wife has a difficult time caring for him on a day-to-day basis.”

        Commissioner Todd Portune said no county road or bridge project will suffer because of the lawsuit settlement.

        Commissioners, who rescheduled their regular meeting this week from Wednesday to Thursday, will vote on the settlement then.

       



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