The city was expected to approve a settlement for $22,500 at a special meeting of the Board of Estimate and Contract this afternoon. The payment relates to a lawsuit filed by the parents of a child hit by a puck at Kennedy Arena in 2006.
On Nov. 25, 2006, Randal and Alicia Smith were at the rink with their daughter Miranda Smith, who was 2 at the time. The New Hartford family was sitting in the bleachers. Miranda suffered "a deep laceration, gash wound over the right eye," requiring two internal and 10 external stitches. The lawsuit claimed the city was negligent because of improper maintenance of plexi-glass surrounding the rink. The injury took place several years before renovations at the rink were made, including elevating sections of the plexi-glass so that it is an even height in all locations.
The settlement is being proposed by board member and Corporation Counsel Timothy A. Benedict as "being in the best interest of the City of Rome," the legislation for the settlement states.
The settlement calls for $6,186.94 to go to the Longeretta Law Firm and the rest — $16,313.06 — to go to Pacific Life & Annuity Services to be held in trust for Miranda.
The settlement comes with "no admission of liability by the City of Rome or any of its employees," the legislation noted.