Des Moines Register
09-03-07
Iowa pays millions to settle cases, claims
By JONATHAN ROOS
REGISTER STAFF WRITER
It's hard to say who was more unlucky - the woman whose parked car was hit by
a runaway lawn mower or the woman whose parked car was struck by a
speeding golf cart.
In both cases, the state of Iowa agreed to pay for repairs.
That's because the lawn mower was being used to groom the grounds of Terrace
Hill, the governor's mansion. The mower had been left unattended, with the
parking brake off, when it rolled down the street and smacked the car, causing
about $1,500 in damage.
The golf cart was being driven by an Iowa State Fair parking attendant. He
speeded up while rounding a line of parked vehicles and crashed into an
approaching car.
"The supervisor yelled at him to slow down, but he inadvertently hit the gas rather
than the brake pedal," said a damage claim report. The state agreed to pay
$1,473.
Mishaps on state property and misbehavior by state employees cost Iowa
taxpayers millions of dollars in damage claims each year. The 2007 budget year,
which ended June 30, was no exception.
The State Appeal Board approved 304 claims - including the lawn mower and
golf cart incidents. The combined payments to people who filed the claims
topped $600,000.
It cost 10 times as much to settle lawsuits against the state for alleged
wrongdoing. More than $6.7 million was paid from the state's general fund during
fiscal 2007 for court judgments and settlements.
The single largest payment was a $1.7 million settlement reached with a
company that invested heavily in TouchPlay gambling machines. The 2006
Legislature voted to ban the slot-machine-like machines, triggering the lawsuit.
About $1.4 million was paid to settle several medical malpractice lawsuits
brought against University of Iowa Hospitals and Clinics.
In addition, $370,000 was spent to settle a class-action lawsuit on behalf of 130
ex-convicts who committed sex crimes. The ex-convicts claimed they were
mistreated and denied basic privileges while being detained for trials to
determine if they should be committed to a state program for sexual predators.
Some damage claims against the government are resolved by the three-member
State Appeal Board. Some examples:
- A child visiting the State Fair two years ago who was injured by an "agitated"
steer in the livestock barn. According to a claim filed on behalf of the girl, she
was "charged, run over, kicked and stomped" by the animal. The appeal board
approved payment of $27,200.
- A sponge was left in the abdomen of a patient after undergoing surgery at
University Hospitals. A $250,000 claim was settled for $90,000.
- In a case involving Iowa State University's veterinary staff, a quarter horse
had to be euthanized because of complications from an artificial insemination
procedure. The owner was paid $12,750.
- An inmate at the Iowa State Penitentiary with a history of mental illness
committed suicide. He took a large quantity of prescription pills he had secretly
accumulated by keeping the pills in the side of his cheek as they were
administered, rather than swallowing. His estate was paid $30,000.
- A 12-year-old autistic resident of the Glenwood Resource Center was allegedly
injured by a worker who was seen kicking the girl. The case was settled for
$5,000.
- A patient at University Hospitals alleged that she was sexually assaulted
several times by an employee when he came into her hospital room to take blood
samples. The employee was fired but was acquitted of criminal charges. The
appeal board agreed to settle the claim for $58,112.
- Three employees of the State Training School at Eldora were paid for damage
to their vehicles after an unruly student who was fleeing the school for delinquent
boys jumped on the hoods and roofs of the vehicles. The student was ordered to
pay restitution.
State Auditor David Vaudt, a member of the appeal board, said the state has
taken steps to reduce its exposure to lawsuits by trying to identify risks and by
training employees.
"We have many positions" in state government, Vaudt said. "We have hospitals.
We have corrections facilities where it's inevitable the state will be sued" over
things that go wrong, he added.
Reporter Jonathan Roos can be reached at (515) 284-8443 or jroos@dmreg.com