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Tuesday, Aug. 30, 2016

City continues to battle pending lawsuits

Tuesday, January 15, 2008

Legal action can affect local cities and towns.

For the City of Brazil, there are currently two pending cases against them.

The first is a civil plenary case of Garlen Jones v. City of Brazil.

"In this case, the city allegedly did not provide enough notice prior to tearing down the house, which apparently was in bad shape," Brazil City Attorney Bob Pell said. "Jones also alleges there were several items of value which either disappeared or were damaged."

A pre-trial conference for this case is scheduled for Sept. 5, with a jury trial set for Oct. 6, both in Clay Superior Court.

The second pending case against the city is a civil tort case of Ty and Debbie Jeffries, parents and legal guardians of Chad Jeffries v. City of Brazil and Hamilton Center, Inc.

According to the complaint, Chad Jeffries, who was eight-years-old at the time, fell off the diving board at the Forest Park Pool and was severely injured on June 27, 2006.

"This case is being handled by the insurance companies of the city and Hamilton Center," Pell said.

The complaint claims Jeffries' injuries were sustained as a result of improper supervision. Jeffries has Attention Deficit Hyperactivity Disorder (ADHD) and was under the supervision of an employee of Hamilton Center at the time of the incident. The complaint states the employee had become distracted and failed to supervise Jeffries.

It also states the injuries were a "direct and proximate result of the negligence of the city in failing to provide adequate supervision and otherwise maintain its premises in a safe manner for its patrons."

No court dates have been officially set for this case.

The city is also in the process of completing work on local sidewalks stemming from a Feb. 2001 lawsuit.

As a result from this lawsuit, the city continues to repair the sidewalks to make them compliant with the Americans with Disabilities Act.

"With the city still working on them, no further action has been taken in this matter," Pell said.

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