The City of Charleston is settling a lawsuit with a West Virginia basketball legend who was severely injured three years ago at the Charleston Civic Center.
City Council's Finance Committee voted at its meeting Monday night to approve the settlement between the city and Willie Akers, a former West Virginia University basketball player and well-known Logan County boys basketball coach, in the amount of $475,000.
The city must pay the first $300,000 in self-insured retention, and its liability insurer will pay the remainder.
In February 2013, Akers, then 75, attended a basketball game at the Civic Center. As he was exiting the arena after the game, Akers tripped and fell over a single unmarked step on the edge of the portable basketball court, which is slightly elevated from the ground floor.
He suffered a broken neck and nose and punctured at least one rib in the fall, City Attorney Paul Ellis said.
His medical expenses after the accident and future care costs roughly $1 million, Ellis said.
Akers, who also is a Logan County Commissioner, spent about five months in Atlanta after the accident, recovering and learning how to walk again.
Ellis added that such portable floors are "all over the country [and] used all the time as is."
The plaintiff's initial demand in restitution was about $7 million.
"We had a mediation, and through follow up discussions, we were able to get an agreement of $475,000 for the city to get out," Ellis said.
The floor's manufacturer, Conner Sports Flooring LLC., was also named in the lawsuit and still is involved in the case, he said.
As part of the settlement agreement, the Civic Center will place exciter tape around the vertical rise of the portable basketball court to prevent future accidents.
Ellis said the settlement was a good business decision for the city, because hiring outside counsel and other experts would cost just as much as the settlement amount if the case had gone to trial.
"The [city's] insurance carrier was very pleased with this proposed resolution," Ellis said.
The city also is moving forward with plans to revamp the Schoenbaum tennis courts at the Kanawha City Community Center.
Finance Committee and City Council voted to approve a resolution for the city to enter into an agreement with Terradon Corporation for design and engineering services for the tennis courts in the amount of $38,265.
City Council's Parks and Recreation Committee discussed the courts at its meeting in June.
The courts' surfaces are etched with deep cracks, but more troubling is the drainage issue beneath them.
The clay-heavy soil beneath the courts creates a "natural collection bowl" each time it rains, which has worsened the cracks over time.
Also on Monday, Council voted to:
n Approve a ninth change order to the design-build contract with BBL Carlton for the Civic Center renovation project in the amount of $297,900.
The changes include installing additional audio-visual controls in the ticketing office, parlor rooms and ballroom.
City Manager David Molgaard said the contract originally planned for two locations in the ballroom with audio-visual equipment.
"The fact is, we're gonna be able to subdivide the ballroom into at least five different spaces, and wanted to have that capability in each of those spaces," Molgaard said.
n Approved a change order with Wolf Creek Contracting Co. in the amount of $7,815 for proposed changes in the Brawley Walkway improvements between Court and Laidley streets, and also between Summers and Capitol streets.
Molgaard said a few items were removed from the original contract, which is why the change order cost is relatively low for the $1.7 million project.
The additions include elevating the crosswalks at Court and Summers streets.
"We discussed this before about creating a bit of a table there, so it's not a step off the curb necessarily," Molgaard said. "It'll really signal that pedestrians take priority...we're gonna do something similar on Clendenin Street as it relates to the Civic Center."
The change order also calls for four new inlet structures along the walkway to accommodate stormwater around the elevated crosswalks.
Reach Elaina Sauber at elaina.sauber@wvgazettemail.com, 304-348-3051 or follow @ElainaSauber on Twitter.