County spent $1M settling claims

Aug. 17--Montgomery County has doled out more than $1 million since 2009 settling claims stemming from auto crashes, employment disputes, excessive force complaints, sewer backups, water main breaks, errant bullets and other events.

The county has resolved more than 120 claims during that time, with payouts ranging from a few hundred bucks for minor mishaps to sizable sums for incidents involving injury and major damage.

One man received a payment of $10,000 after claiming he fell in a sinkhole while jogging.

Another was paid a similar amount after allegedly getting struck in the eye with water at a county transfer facility.

The trust of a mentally disabled man was paid $15,000 after a health care worker allegedly administered him the wrong medication.

The county regularly denies or does not admit wrongdoing in cases that lead to settlements, and some are clearly done to avoid costly litigation. But officials acknowledge accidents are bound to happen with an organization that employs more than 4,000 people and has a general fund budget of $137.5 million.

"All large organizations or businesses that employ thousands of individuals will inevitably experience accidents," said Cathy Petersen, county spokeswoman. "We take each incident seriously and take the appropriate measures to investigate and provide corrective action when necessary."

Cost for sewer leak: $250K

County commissioners in June approved $250,000 to settle a dispute over allegedly faulty repairs made to a leaking sanitary sewer.

The county in November 2010 hired CK Excavating Inc. to repair the sewer in the parking lot of a Kettering property owned by Matthew and Mona Lisa Entingh, who lease part of it to Simply Water, a water treatment company.

The Entinghs and their tenant claimed the repair work and back-fill was performed incorrectly, causing a portion of the parking lot and building to shift and sink, collapsing utility lines, separating tiles and cracking the foundation.

Not all settlements involve lawsuits, but this one did. A lawsuit was filed against the county, the contractor and others, demanding payment to stabilize, reconstruct and demolish parts of the building that were structurally unsound.

Caleb Sink, the owner of the now-defunct excavating company, said the structural problems resulted from the sewer leak and not the repairs.

"I don't really feel like we had any liability in it because it was an existing condition," Sink said.

The settlement agreed to by the county -- the largest in recent years -- was one of more than a dozen so far in 2014. Others involved a payroll processing issue ($2,700), a vehicle damaged on ice after a water main break ($2,800) and auto damage caused by a tossed construction cone ($500).

Freak accidents were not unusual in the cases studied. In April, the commission approved spending $770 to replace a criminal suspect's smartphone that broke after slipping from a sheriff's deputy's hand during an investigation.

In all, more than $1.1 million was spent settling claims since Jan. 1, 2009.

'My eye was damaged'

The county's South Transfer Station on Encrete Lane was the site of several incidents that resulted in claims.

Commissioners in 2011 approved a $10,665 settlement for Henry Gross, 61, of Dayton, who said he was disposing of debris at the facility when a couple of employees opened a water hydrant.

Gross says he believes they did it intentionally, possibly as a prank. A powerful burst of water struck him in the eye. He underwent multiple treatments with an eye specialist, he said, but the eye has never fully recovered.

"My eye was damaged, reddened and swollen," he said.

Gross said he felt he deserved a larger payment, but the county fiercely fought his claim. "I settled for just getting my bills being taken care of," he said.

At least three others reached settlements because of injuries incurred at the transfer station.

The county paid $11,000 to a man who said he was struck by a beam on the tipping floor, while two others were paid a combined $12,000 after they said they were splashed by an unknown substance.

'We are not admitting any wrongdoing'

The largest settlements were tied to claims alleging excessive force, workplace harassment and water and sewer damage.

In June 2009, Montgomery County commissioners approved a $100,000 settlement related to the death of 27-year-old Rennie R. Moore. Moore was shot and killed by undercover sheriff's detective Shawn Baab after he allegedly tried to strike Baab with a van in a motel parking lot. Family members said Baab had no reason to stop Moore.

A grand jury declined to indict Baab, who was injured in the incident, on criminal charges. But a lawsuit brought on behalf of Moore's estate claimed the county and sheriff's office failed to provide adequate policies and training for undercover activities involving deadly force.

Baab was later fired after allegedly sending an explicit text message to another employee.

In February 2011 commissioners approved a settlement for Louis Aldini Jr., a U.S. Air Force captain who claimed county jail staff used excessive force against him.

After he was arrested for disorderly conduct, Aldini said he was violently beaten by jail staff, who used a Taser on him. Although he was paid $125,000, the county denied culpability.

"We are not admitting any wrongdoing," said John Cumming, assistant county prosecutor, after settling the Aldini case. "We felt this was a reasonable amount to pay him."

County jail staff said Aldini was in a "drunken rage" and had to be forcibly placed in a restraint chair.

In another case, the county last November paid $35,000 to settle a claim from a female Montgomery County Common Pleas Court services manager. The woman claimed she was sexually harassed by a male court officer and first filed and then withdrew a complaint with the Ohio Civil Rights Commission.

In a 2013 letter to the commission, then-assistant county prosecutor Julie Droessler said there was no evidence to support the female court worker's allegations of harassment.

Petersen said each claim is investigated by the county's legal team, risk management staff, independent consultants and management or field staff, who work closely to determine whether the county was responsible for the incident.

County departments will take corrective or disciplinary actions against county employees who are deemed responsible for events leading to claims, she said.

"Again, every claim is taken seriously and investigated to determine the validity," Petersen said.

About half of the recent settlements, many involving minor automobile crashes, involved $1,000 or less.

A bullet hole and a damage claim

Some citizens are unaware of the process for filing a claim.

Tammy Snyder described the chaotic morning on Dec. 12, 2010, when her cul-de-sac in Germantown was overrun by law enforcement and other emergency personnel.

Sheriff's deputies who arrived at 123 Strawberry Fields Drive encountered 37-year-old Charles Williams, who pointed a shotgun at officers.

Police opened fire, injuring Williams and putting at least five bullet holes in the wall and window of his home. At least one bullet traveled across the street and lodged in a neighbor's house at 4 Hoover Place, said Snyder, who lives nearby.

The $325 commissioners approved in early 2011 compensated the owner of the house at 4 Hoover for the damage caused by the gunfire.

Had her house been damaged, Snyder doubts she would have sought compensation from the county.

"I don't think I would have known to do that," she said. "I think I would have just called the insurance company if I felt it was more damage than I could afford."

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