CITY, SOHIO PAY $900,000 TO END TRAFFIC LAWSUIT

By David G. Molyneaux and Andrew M. Juniewicz

In the largest court settlement of its kind known in Ohio, the city of Cleveland and Standard Oil Co. (Ohio) have agreed to pay $900,000 to a woman paralyzed from the neck down from injuries received in an accident involving a disabled street sweeper.

Beverly Bemes, 23, was injured and her fiancee, David Pietrzak, was killed in October 1967 as they drove downtown along Interstate 77 (Willow Freeway) to buy wedding rings.

Their car collided with a Standard Oil truck when Pietrzak swerved to miss the poorly lighted sweeper, which was partly blocking both northbound lanes.

The lawsuit charged that the driver of the Sohio truck was speeding and had failed to exercise caution in avoiding the Pietrzak car.

Common Pleas Judge John E. Angelotta yesterday notified a jury of 12 about the settlement as the case was in the ninth day of trial. He instructed the jurors to sign a verdict awarding Miss Bemes $900,000.

The suit sought $6 million. The city earlier had made smaller offers to settle.

Lawrence Landskroner, lawyer for the Bemes family, said the money would be placed in a trust fund. He said Miss Bemes probably could live on its earnings.

The city will pay $625,000 as it share. Shortly after the trial began, Sohio's offer of $275,000 was accepted, with the agreement the city would pay the difference between $275,000 and the jury verdict. Judge Angelotta then told the jurors that Standard Oil was out of the case.

Assistant City Law Director, Paul J. Brady said Cleveland would have to issue judgment bonds to pay the $625,000. He said an ordinance would be introduced in City Council to authorize the bonds.

"This is an obligation of the city," Brady said. He added that the city is not covered by insurance for such cases because for a city of this size, the rate would be prohibitive.

Miss Bemes received Standard Oil's portion of the settlement last night. She lives with her parents, Mr. And Mrs. Russell A. Bemes, in Cuyahoga Heights.

Her father, who has had to work two jobs to pay more than $40,000 in medical expenses in the last several years, said he was "very, very happy with the settlement." He said the money "will make life more comfortable" for his daughter and pay for her college education.

Miss Bemes, who is unable to use her legs, was interviewed briefly by telephone last night. "I guess I felt shock and relief when my father called with the news," she said. "But I want you to know that I couldn't have made it this far without the help of my parents," she said. "They have been absolutely wonderful."

Miss Bemes said she hoped to major in speech therapy at Cleveland State University, where she has almost completed the equivalent of her freshman year.

The accident occurred two weeks before Miss Bemes said her fiancee were to be married. Testimony showed the street sweeper was being transported from one city garage to another despite a city rule that they were not to be driven on superhighways. After the sweeper broke down near Fleet Avenue, S.E., the driver left it to call for help.

There were no flares or slow moving vehicle signs on the sweeper. The flashing dome light did not work. There was a dispute over whether the taillights worked.

Former city streets commissioner Harry C. Ziskind testified the sweeper, 15 years old, should have been scrapped.

"It's all we had to use," he said. "We have 33 councilmen and each one wants to see a sweeper working in his ward, and the administration tries to satisfy the councilmen."