City of Springfield will pay out over wrongful death lawsuit from 2008

Without discussion, the Springfield City Council unanimously passed an emergency ordinance Tuesday executing payment in a wrongful death lawsuit brought by the family of a teenager who drowned at Lake Springfield Beach in 2007.

It included a $750,000 judgment plus a little over $100,000 in accumulated interest and costs, Mayor Misty Buscher said afterwards.

Eric M. Jones, 16, died of asphyxia from drowning at the lake where he was with family members on July 14, 2007.

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Mary Yarborough, Jones' mother, originally filed the lawsuit against City Water, Light & Power and the City of Springfield in 2008. The suit claimed the city acted recklessly in not having enough lifeguards stationed at all areas of the beach.

In February 2015, a Sangamon County jury awarded Yarborough, as the administrator of her son's estate, $750,000 on each of two counts in the suit. The award was reduced to $525,000 on each of the two counts.

A state appellate court threw out the award in May 2017 and sent the case back to Sangamon County Circuit Court for a new trial. The appellate court said the trial court "abused its discretion" in allowing a memo to be used as evidence that the city breached its duty.

A jury again found in favor of Yarbrough in 2021.

"It was important to me that we move that forward and pay the estate of the family of the young man who unfortunately drowned," said Buscher, who voted for the ordinance.

The money will be advanced from the city’s self-insurance fund and reimbursed from CWLP’s Water Fund over the next five years.

New Mayor Pro Tem

Buscher tabbed Ward 9 Ald. Jim Donelan as Mayor Pro Tempor (Tem) earlier this week.

The role of a pro tem is to fill in on any mayoral duties of the mayor if Buscher is unable to do so. That includes presiding over city council meetings or representing the office at other functions.

"Alderman Donelan is an exceptional leader who has over 20 years of experience working with cities and other local governments throughout the state,” Buscher said.

Donelan said it was "an honor" to be considered for the role and looked forward to working Buscher, her administration and the city council.

The duties and responsibilities, Donelan said, are partially by city code and partially by what the mayor "would like me to help out with.

"More importantly I'm excited about this new council, excited about the new faces, the veteran faces that we have. It's a good mix. We have some important business to do and I think primarily we want to see Springfield succeed and economic development thrive here. We have a lot of potential. We have a lot of things going for us, but I think we can do a lot more. I'm happy to serve."

Buscher defeated incumbent Mayor Jim Langfelder in the April 4 election. Three new alderpersons were elected to the council. Donelan ran unopposed in his ward.

Donelan is the executive director of the Township Officials of Illinois Risk Management Association.

Appointments approved

Three of Buscher's appointments received unanimous support from the city council Tuesday.

Earlier Tuesday, Buscher appointed Gregory C. Tally as executive director of Oak Ridge Cemetery.

Fire Chief Ed Canny, Public Works Director Dave Fuchs and Community Relations Director Ethan Posey all breezed through.

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In an SFD tradition, Canny received his chief's pin from his wife, Gina, his daughter, Sara, and son, Ryan.

Tally brings over 25 years of experience in mortuary services, finance and compliance to the seat, Buscher said.

Tally served as vice president of mortgage lending at Marine Bank, where he formerly worked with Buscher. He also worked as a mortgage loan originator at National City Mortgage.

Tally has an associate degree in mortuary and funeral science and a bachelor's degree in science and health care administration from Southern Illinois University.

With Lincoln's Tomb, Oak Ridge is the second most visited cemetery in the nation with almost one million visitors annually. Tally will oversee educational programs, engagement and maintenance of the approximately 180 acres of property.

"(He) is committed to upholding the high standards of Oak Ridge Cemetery and ensuring that all visitors receive the utmost care and attention," Buscher added. "We are confident that Tally's leadership will guide the department to new heights."

Michael Lelys has served as executive director in the interim after Lashonda Fitch was dismissed last month.

Tally's appointment is subject to city council approval.

Speaking earlier Tuesday, Lincoln Library interim Kathryn Harris said she was going to be "laser focused on getting a permanent director" as the public library conducts a national search.

Buscher told Harris before she started Thursday that she wanted her to help search for a new director.

Addressing Buscher Tuesday, Harris said she was appreciative of the mayor's desire to have the leader of the library have a master's degree "in the field. I think that is very important, particularly for a city our size."

Former director Summer Beck-Griffith, who was let go on May 15, did not have a master's degree in library science.

Harris began her more than four decades career in the reference department Lincoln Library in 1971. She retired as division manager for library services at the Abraham Lincoln Presidential Library in 2015.

"I'm very pleased to be there at the library," Harris told the city council. "I've found the staff there to be knowledgeable, friendly, inviting. They've been doing their jobs. They don't need me to tell them how to do it because they know how to do it."

Contact Steven Spearie: 217-622-1788, sspearie@sj-r.com, twitter.com/@StevenSpearie.

This article originally appeared on State Journal-Register: City of Springfield will pay out over 2008 drowning incident