Settlement reached in two civil lawsuits

One settlement involved the death of a man after a scuffle with police.
By DAVID SKOLNICK
CITY HALL REPORTER
YOUNGSTOWN -- The city settled two civil lawsuits, one that cost $250,000 and another one that saw Youngstown collect $300,000.
The city's board of control approved the settlements Thursday.
The board authorized the payment of $250,000 plus court costs to the wife and stepdaughter of the late Booker T. Mitchell of Youngstown. Coregis Insurance Co., the city's insurance company when the lawsuit was filed, will pay $250,000.
Mitchell, 72, suffered a stroke after a scuffle with a city police officer July 13, 2001, at the scene of his wife's arrest for driving under the influence. Mitchell slipped into a coma a day later and died Feb. 15, 2002, at Forum Health Northside Medical Center.
His wife, Mattie, and his stepdaughter, Denise Pennington, filed a federal lawsuit in July 2002 against the city; Michael D. Walker, the police officer involved in the scuffle with Mitchell; as well as Mahoning County and others.
Mitchell's family claimed police brutality in the arrest of the man, but the city police department's internal affairs division cleared Walker of any wrongdoing in the matter.
The county was sued because the lawsuit claimed Mitchell complained of headaches and fatigue and had incoherent speech, but jail officials didn't offer proper medical assistance. The county settled the case last month, giving $100,000 to Mitchell's estate.
The settlement ends litigation against the city and its police department by the Mitchell estate, and "does not in any fashion represent an admission of liability on behalf of Walker and Youngstown."
City to receive money
The other settlement approved by the board will see Youngstown receive $300,000 from the Ohio Municipal League's Joint Self-Insurance Pool.
This settlement stems from a $2 million judgment the city paid Allied Erecting & amp; Dismantling Co. in 2003.
At issue in the Allied case was ownership of gravel along the bed of the former Pittsburgh & amp; Lake Erie Railroad near Poland Avenue. The city and Allied contended they owned gravel in that area. When Allied started taking gravel from the rail bed in the early 1990s, the city ordered the company to stop and threatened legal action if gravel removal continued. Allied sued the city in 1995.
The 7th District Court of Appeals decided in 2003 the city had to pay the company $2 million, the value of the salvageable gravel.
The city then sought some of that money from the OML's Joint Self-Insurance Pool. The league, however, wouldn't pay any money, contending the city didn't involve the league in settlement discussions and didn't file a timely claim. The city filed a lawsuit last year against the league.
The two sides agreed to a settlement to have the league's insurance pool pay $300,000 to the city.
A provision in the settlement states the payment isn't "an admission of liability, culpable conduct or other wrongdoing on part of the league."