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Injured woman owes county for trial loss
By JIM ROSS
© St. Petersburg Times, INVERNESS -- A bus ride that Beverly S. Lewis took more than seven years ago still haunts her today. The bus, operated by Citrus County, veered off the road to avoid hitting a truck. Mrs. Lewis, a multiple sclerosis patient, was thrown from her motorized scooter and onto the bus floor. Mrs. Lewis, now 66, said she continues suffering emotionally and physically. But not until Friday did she learn the full extent of her financial pain. Mrs. Lewis owes Citrus County more than $30,000. That's how much the county spent to defend itself, successfully, against the lawsuit Mrs. Lewis filed after the bus mishap. Mrs. Lewis said the jury got it wrong and that the judge shouldn't have ordered her to pay the other side's attorney fees and costs. Still, the verdict and the judge's order are binding, and the legal documents are on file at the courthouse. Last week, Mrs. Lewis was set to refinance her mortgage, but the loan company stopped the deal at the eleventh hour. Why? It discovered the $30,000 debt, which it said made Mrs. Lewis a bad risk. "I don't even have the money to pay my bills this month," Mrs. Lewis said. "If I had $30,000, I'd think I'd died and gone to heaven." She can't get a loan unless she pays the $30,000, but she can't pay the $30,000 unless she gets a loan. The financial pickle has made her even more upset with Citrus County -- if that's possible. She has stewed for seven years and doesn't even try to disguise her rancor. "To be honest with you, even if I had it, I would not" pay the $30,000 judgment, she says. She says the county was in violation of the law. The jury thought otherwise. Mrs. Lewis wanted $2.4-million from the county. She argued that her electric wheelchair was not properly secured inside the bus on June 6, 1994, when the bus veered off Montgomery Avenue in Inverness. The result: a broken hip, jaw problems, numerous bruises, memory problems, headaches and depression. Her attorney at trial was Leonard Klatt. The county said the wheelchair was properly strapped down and that the truck driver was at fault, not the bus driver. Besides, it argued, Mrs. Lewis suffered from many medical problems before the bus mishap. The jury spent three days in February 1998 reviewing the case. It cleared the county of financial liability. Then, seven months later, Circuit Judge Patricia Thomas granted the county's request and ordered Mrs. Lewis to pay $22,985.50 in attorney fees and $7,600.06 in costs associated with the case, court records show. Pursuant to state statute 768.79, the defendant is entitled to recover reasonable fees and costs if the plaintiff rejects a written settlement offer and the defendant goes on to prevail at trial. The judge is allowed to consider many factors, including the merits of the case, when making a decision. In this case, the county offered to pay Mrs. Lewis $7,500 more than six months before the jury was seated. Thomas agreed that $95 per hour was fair for the attorneys' time and $75 per hour was reasonable for paralegals, the court records showed. Clearwater attorney Alan Zimmet and his staff represented the county. Mrs. Lewis said she didn't remember the offer or that the judge ordered her to pay the $30,586.06. The mortgage company reminded her Thursday, one day before the scheduled closing on her mortgage refinancing. A manager said the loan was in order until a title company completed a routine check of Mrs. Lewis' name at the courthouse and the court order surfaced. "It was a rude shock," Mrs. Lewis said. It also was a financial shock. Expecting smooth sailing on the refinancing, Mrs. Lewis said she skipped her last mortgage payment and her last round of credit card payments, spending the money on house insurance and insurance for her van. She thought the new loan would provide enough funds to wipe out the credit debt and provide a more reasonable mortgage payment. She also hoped to reap enough money to repaint and landscape her modest, one-story home, which is just east of Inverness off State Road 44 E. Now she's behind on the existing mortgage and behind on the credit cards. Mrs. Lewis lives on a fixed income and said she can't raise the funds to get her finances back in order. She is bedridden and receives physical therapy and occupational therapy at home. Before the bus problem, she was active in support groups and civic activities. She served on committees that helped Inverness and the school system remove obstacles for the handicapped. What now? "I don't really honestly know at this stage of the game. I guess I just have to try and make up what I can as far as getting caught up with my payments," she said.
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