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Council upholds city law recommendation to deny claim after collision involving StarTran bus
Summary
A claimant seeking compensation for medical bills and vehicle damage after a collision with a StarTran bus urged the City Council to accept evidence; city law cited the police report and recommended denial. Council approved the recommendation as part of a larger claims report.
The Lincoln City Council on June 2 voted to accept the city law department's recommendations on new and pending claims, including a denial recommendation in the claim filed by Dr. William Coby alleging a collision with a StarTran bus.
City law and the police report differed on how the crash occurred. Assistant City Attorney Lily Ely told the council the police report concluded Coby was changing lanes and that the StarTran driver had no contributing action, and she said city law's denial recommendation was based primarily on that report.
Perry Persh, an attorney representing Coby, presented photographs, a map and medical and repair bills and said the bus struck Coby from behind. Persh told the council the medical bills totaled $7,034 and estimated the fair-market value of Coby's vehicle at about $3,000; he also asked the council to consider compensation for pain and suffering. Persh said the collision location was near the Walmart parking area and 20th Street on Ticonderoga Drive and identified several exhibits supporting the claim.
Coby addressed the council, saying the crash caused months of inconvenience and out-of-pocket payments. "It's been pretty tough. I didn't have my vehicle for a few months," Coby said, adding he had taken rideshares while his vehicle was unavailable.
Scott Parker of the Lincoln Police Department responded to a council question about prior license or violation history for a separate liquor applicant earlier in the meeting; on the collision matter Ely said the investigating officer's report and related pages indicated driver actions of "failed to keep improper lane" for Coby and "no contributing action" for the StarTran operator.
Council asked staff for documents and context during the public hearing. Councilmember John Doudin (retired police officer) and others said having the accident report and diagrams available at the hearing would be helpful; Ely said she had relied on the report in making the recommendation. City law told the council that a denial at this hearing would not prevent the claimant from filing a lawsuit in district court.
At the vote to accept the new and pending claims report as presented by city law, the council recorded a 7-0 roll call in favor of the motion, which carried as part of the meeting's claims agenda.
Coby's claim remains subject to the normal post-hearing options available to claimants, including the ability to file suit in district court if he pursues further legal action.
