Elmhurst Trip-And-Fall Claim Yields $50K

ELMHURST, IL — A woman is getting $50,000 as part of a trip-and-fall settlement with the Elmhurst city government.

On Monday, the City Council approved an agreement with Theresa Porter to settle a lawsuit that she filed in DuPage County Court.

According to the agreement, Porter tripped and fell on Sept. 8, 2018, on the public sidewalk at the southwest corner of Addison Avenue and Third Street.

City attorney Don Storino told the council that Porter had originally wanted $100,000, but the court recommended $50,000.

"The court was a great help in resolving this," Storino said. "We are recommending a settlement at this time."

The agreement before the council did not include Porter's name, instead using "XXXXXX."

Alderman Scott Levin noted the missing information.

"I don't think we can adopt a settlement without putting into the public record the name of the plaintiff with whom we are settling," Levin said. "It might have a case number, but I think we have to announce (the name) as part of what we're doing before we pass a resolution and settlement."

City Manager Jim Grabowski then announced the name. He said the city's practice is to withhold the person's name until the council approves the settlement.

Mayor Steve Morley said the announcement of the name in the meeting should be sufficient legally before a vote.

City officials did not say how they would pay for the settlement, but such costs are often mostly handled by insurance.

The council approved the agreement 13-0. Alderwoman Noel Talluto was absent.