LP&L expected to settle on injured child lawsuit, pay more than $1 million

Nov. 18--Lubbock Power & Light will likely approve on Wednesday a $1 million-plus settlement agreement to end a two-year-long lawsuit involving a child who sustained electrical injuries from a transformer box.

The settlement agreement is worth $1.15 million, mainly for medical expenses, and periodic payments worth $465,000. LP&L's portion of the settlement agreement is $1.01 million, broken down between medical expenses and a trust fund for future medical expenses. LP&L will also cover various monthly payments totalling $464,000 through 2058.

Matt Rose, spokesperson for LP&L, said as an enterprise fund of the city, the cost in the settlement is covered in the city of Lubbock's risk insurance policy.

LP&L's Electric Utility Board will vote on a resolution authorizing the settlement at its scheduled meeting Wednesday afternoon. The resolution is on the consent agenda, so there won't be any discussion unless it's pulled beforehand. The Lubbock City Council will also need to approve the settlement, a resolution for which is scheduled for the next meeting Thursday.

The original lawsuit was filed in March 2014 by Natisha Young, the parent, suing the city of Lubbock/LP&L and Ronnie Byrd, the owner of Falcon Cove Townhomes, the apartment complex where the incident occurred.

The lawsuit states Young's 5-year-old child was playing outside her apartment complex in June 2013 when she entered an unlocked electric box owned and operated by LP&L. The child was electrocuted and "sustained serious electric shock resulting in severe burns/permanent scarring and disfigurement," and the lawsuit claimed LP&L failed to take protective measures to safeguard the electric box.

It goes on to say the injuries have effected the child's health and well being, with damages being sought for medical expenses, physical impairment, physical suffering, scarring, mental anguish and future loss of earning capacity.

In its response filed shortly after, the city argued they were not responsible, and any damages are the fault of the family's own "acts or omission."

After further discovery and negotiations, a settlement agreement and the release of all claims will be entered between the three parties if approved by the EUB and the City Council.

"LP&L and Byrd deny any liability to plaintiff for any claim or cause of action," the settlement states, "but are willing to settle all claims to avoid the inconvenience, distractions, uncertainties and expenses attendant to litigation and trial."

The various monthly payments agreed upon are payable to both Young and her daughter.

Byrd will be required to pay a sum of $105,000.

A-J Media made calls to attorneys representing both the city and the plaintiff, but did not get a response.

The EUB will meet in open session after an executive session that begins at 2 p.m. in the conference room at LP&L, located at 1301 Broadway.

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