NORFOLK

The city has agreed to pay $7.5 million to settle a lawsuit brought by a woman whose son was hit by a truck driven by a city employee.

The City Council was briefed on the issue during a closed-door meeting Tuesday night. City Attorney Bernard Pishko said the matter has not been resolved and declined further comment. However, two city officials who asked not to be identified said the council agreed to the settlement.

The circuit judge hearing the case must approve any settlement. The case is scheduled to go to trial next week. Council approval isn't necessary because Pishko has the right to settle lawsuits, but he sought approval anyway.

The payout could make the task of balancing the budget more difficult for City Manager Regina V.K. Williams. The city is self-insured and thus pays for settlements from its own funds.

The lawsuit was filed in Norfolk Circuit Court in January 2007 by Renee D. Wilson on behalf of her son, Travis Dalton.

Wilson's lawyer, Jack Drescher, said Dalton was standing in the median on Brambleton Avenue near Posey Lane in December 2006 when he was struck by a city truck driven by city employee Theodore Goodman. Dalton suffered serious brain injuries.

The lawsuit first named Goodman as a defendant. Wilson later added the city.

Dalton, who is 19, now functions at the level of an 11-year-old, Drescher said. He had been on his way to a job interview when he was hit. Now he will never work, according to documents filed by Drescher and his partner, Jeffrey Breit.

Dalton spent three months in the hospital following the wreck and returned frequently for follow-up visits. Doctors had removed a portion of his skull to relieve pressure from swelling in his brain. His medical expenses have exceeded $329,000, Drescher said.

Dalton lives with his mother in Norfolk.

The city had argued that it was not liable because Goodman was traveling between two of its recreational facilities. Governments have some protection from lawsuits because of sovereign immunity.

Drescher and Breit argued that Goodman could be held personally liable because he was driving from one place to another, not performing tasks related to his job.

Because the city is self-insured, it puts revenue each year into an account to pay legal settlements. Sources said the council was told Tuesday night that the fund will pay most, but not all, of the $7.5 million settlement.

That means some money likely will have to be set aside to pay for the settlement in the next budget, which Williams is currently putting together.

City officials had already said it was going to be a difficult budget to balance. Budget director Marcus Jones told the council last month that based on fixed costs the city can't control, the budget is million in arrears, and that's without pay raises, new programs or tax cuts.

Michelle Washington, (757) 446-2287, This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Harry Minium, (757) 446-2371, This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Awarded: $7,500,000