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Webster County supervisors OK $100,000 settlement

Webster County Supervisors approved a $100,000 payment Tuesday to settle negligence claims from a man who alleged he was injured by faulty playground equipment at John F. Kennedy Memorial Park.

The unanimous approval allows the county to settle the personal injury claim from Daniel Winninger that arose after an incident in the summer of 2018, without acknowledging any fault or negligence.

The claim, disputed by the county, will be fully paid by the county’s insurance through Iowa Communities Assurance Pool. Webster County has no deductible for the claim.

County Attorney Darren Driscoll said Winninger, an adult, claimed an ankle injury after using a slide at the park which required surgery, resulting in about $30,000 in medical bills. The county’s first notice through a demand letter indicated Winninger planned to pursue compensation for extensive medical expenses, lost wages, pain and suffering. His claim was litigated down through the county’s insurance counsel.

Mediation was resolved on Aug. 25.

“Insurance counsel thought it was favorable (to the county) to settle,” Driscoll said.

The playground equipment in question at Kennedy is no longer set up the way it was previously, Driscoll said.

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