Aldermen tonight voted to pay Rockford resident Elva Damon $205,000 to settle the suit. It should be enough to cover medical bills that her Medicare didn’t cover, said Thomas Fabiano, her lawyer.
“She is a sweet 75-year-old woman who is going to have chronic discomfort in the elbow and some loss of use of the elbow,” Fabiano said.
Damon was walking east across Rockton Avenue at about 8:45 a.m. on June 23, 2015 when a Ford F-150 driven Irvin Benjamin, a city employee, backed into her.
Screws and a metal plate were inserted into her broken elbow to repair the damage, Fabiano said.
The driver failed to sound his horn, exercise “due care,” or look where he was going, Fabiano said during a telephone interview and in a complaint filed in Winnebago County court.
He argued that the driver had not been looking when he was backing up. Lawyers for Rockford claimed that Damon was partially at fault for the crash.
A trial had been scheduled in October.
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