Report: Worcester has paid $13.6 million in legal settlements and claims over last 5 years
WORCESTER — A report from the city solicitor's office found the city has paid nearly $13.6 million in legal settlements and claims between fiscal 2019 and fiscal 2023.
The report was spurred by an order Councilor-at-large Khrystian King made during a meeting of the City Council Standing Committee on Finance and a separate public records request for costs incurred to the city through court judgments and settlements over the past five fiscal years.
Members of the public have raised concerns about the city's record with litigation and the related payouts, often during public comment. Occasionally, elected officials will reference the city losing lawsuits or paying out settlements and the need to not risk further legal jeopardy.
For settlements, the report lists total costs for each fiscal year, relevant cases, the department involved in the legal action and a brief description of the cause of legal action.
The total settlement payments were $2,446,223 in fiscal 2019, $2,459,696 in 2020, $3,688,473 in 2021, $2,597,064 in 2022 and $1,119,131 in 2023.
The total claim payments were $588,814 in fiscal 2019, $237,189 in 2020, $151,099 in 2021, $116,831 in 2022 and $171,100 in 2023.
Where are the payments going?
Much of the city's settlement payments come from its 2018 settlement with Fargo Management LLC of Springfield over the city's failure to construct the elevated pedestrian walkways it had promised to build to connect the Hilton Garden Inn with the DCU Center and the Major Taylor Boulevard parking garage.
The city paid over $8.8 million to Fargo Management between fiscal 2019 and fiscal 2022.
Many of the other settlements arose from motor vehicle accidents.
The Worcester Police Department was named as the department involved in 12 civil rights settlements in the report timespan. In fiscal 2022, the Election Commission was the listed department in the $225,000 settlement with a coalition of Black and Hispanic organizations that led to the remaking of the School Committee electoral map.
In fiscal 2021, the city paid more than $1.3 million to parties in the settlement of a 27-year court battle between two Black former police officers and the city. The suit was over a claim of discriminatory promotion practices.
One of those former officers, Spencer Tatum, also initiated a long-running class-action discrimination lawsuit against the state civil service exam. In April, it was reported that the case was expected to settle for $40 million.
Claim payouts for potholes, property damage
On claims, the report breaks the yearly payments down to the following categories: Potholes, motor vehicle accidents, sewer property damage, water property damage and other.
The "other" category includes claims for damage caused by trees, as well as claims for road construction, garage, towing and parking.
In fiscal 2019, the city paid $518,490 in water property damage mainly over two claims with National Grid and Front Street Associates LLC.
In fiscal 2020, the $120,082 in sewer property damage payments included a $70,000 claim payment to Hampton Properties LLC.
Going further than the timespan in the report, it was announced in May that a Superior Court judge issued a judgment of nearly $27 million against Worcester in a long-running lawsuit with Holden regarding sewer transport charges.
The city has indicated it will appeal the decision.
This article originally appeared on Telegram & Gazette: Worcester paid $13.6 million legal settlements and claims since 2019
