City's bad sidewalk blamed in death of St. Louis woman

ST. LOUIS (AP) -- A jury has blamed the city of St. Louis for the death of a wheelchair-bound woman, claiming a broken and overgrown sidewalk forced her into the street, where she was struck by a car.

The jury on Wednesday awarded $250,000 to the parents of Elizabeth "Lisi" Bansen, 40, and absolved the driver of the vehicle that hit her.

"It's a relief," said Arnold Booker, 47, the driver. "But it's still sad that a life was lost."

The incident happened about 6 p.m. on Nov. 2, 2005. Bansen was returning to her apartment after buying a sandwich at a convenience store. Some witnesses said the sidewalk was impassable for a wheelchair.

Booker was on his was to pick up his wife from work when he struck Bansen. He said he never saw her in the dark -- a street lamp in the area was burned out. He was never charged in the incident.

Thomas McDonnell, an attorney for the city, had argued that the sidewalk on the other side of the road was passable. McDonnell said Bansen had never previously complained about the condition of the sidewalk, even though she lived in the area two years.

City Attorney Patti Hageman said the city had earlier offered a $125,000 settlement.

Elizabeth Bansen's brother, Peter Bansen, said the family sued to bring attention to the problem.

"Our goal was to create a safe environment for Lisi's friends and neighbors, who have become our friends," he said.

"The city is aware of the dangerous situation. And it should be corrected."

McDonnell told the jury the city spent more than $9 million over the past 10 years installing 6,720 wheelchair curb ramps, with a priority on important destinations, like hospitals.

Peter Bansen said the family understands why Booker was not held responsible.

"The jury felt he was doing the best he could do," Bansen said. "We've always felt real compassion for him."

Lisi Bansen, a Philadelphia native, moved around much for her adult life, looking for independence and a place where she could contribute to the disabled community, her family said. She moved to St. Louis about two years before she died.

Doctors diagnosed Bansen with a brain tumor in 1988 while she was attending college, relatives said. Three brain surgeries left her motor skills and speech damaged, leading to her reliance on a wheelchair.

But her father, Robert Bansen, said her wit and intellect were intact.

"She was a person who would adapt to the conditions and never complained," he said.

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Information from: St. Louis Post-Dispatch, http://www.stltoday.com