County Among Many Concerned Over Fatality Lawsuit Settlement
The fallout from a lawsuit settled in Crawford County last week over a death that occurred there during the RAGBRAI bicycle ride in 2004 remains to be seen, but Shelby County has opted to take a “wait and see” approach before taking any action.
The Crawford County Board of Supervisors last week passed a resolution prohibiting RAGBRAI (The Register’s Great Bicycle Ride Across Iowa) or any such event from using secondary roadways in that county.
The action comes on the heels of a $350,000 settlement awarded to a Davenport woman who had sued Crawford County. Betty Jo Ullrich sued the county following the death of her husband, who was killed while participating in RAGBRAI. Kirk Ullrich died after his bicycle tire became stuck in the center-line joint of a roadway, and he was thrown from his bicycle.
The settlement was announced last week, paid by the Iowa Communities Insurance Pool. No liability was admitted, but repercussions of the lawsuit and subsequent settlement is expected statewide.
Shelby County Auditor Marsha Carter said Tuesday she expected most of the counties to pass a similar resolution, which would likely hurt RAGBRAI’s chances of continuing, but word came from the Iowa State Association of Counties (ISAC) to hold off on any action.
”We did receive an email from ISAC legal counsel on Friday suggesting that all the counties hold off doing anything,” said Carter, as there are questions whether the resolution is legal. In addition, Shelby County Engineer Dan Ahart said there may be legislative action.
”What I’m understanding is they’re going to try to see if legislatively they can resolve this issue,” he said.
Events such as RAGBRAI are a huge economic boost to the counties and communities that host the bicycle ride, but the lawsuit issue needs to be addressed statewide, officials said. Ahart said county roads are not intended for such bicycle traffic, and local governments have to be cognizant that accidents can happen, and protect themselves.
”The design, the age and just the utilization of our highway system was not intended from the get-go for events of this nature,” he added. “They (the legislature) really have to get their arms around this. It’s all of our responsibility not only to protect the public but the taxpayers from exposures like this.”
Shelby County Attorney Marcus Gross, Jr. said he’s not sure the resolution passed by Crawford County is lawful, but it does bring forth the question for consideration statewide. In Shelby County, such a resolution would not only affect RAGBRAI if it came again, but also such events as the Antique Bike Ride from Panama to Neola, or the bicycle ride held during Harlan’s Jammin’ on the Square.
”How can you say somebody can’t ride on the road,” said Gross. “I think there’s a question.”
Ahart said the wait and see approach for Shelby County is good for now. “This isn’t going to be swept under the rug,” he said. There will be some action statewide to address RAGBRAI, he said.