PAINTSVILLE – Billy Austin, a Paintsville fixture for 70 years, has settled his civil action against the city for injuries sustained on September 26, 2006 in a parking lot near the sheriff’s office. Austin’s case, set for trial on July 8, settled after mediation. “Out of respect for our client’s privacy, we cannot comment on the amount of the settlement,” John Kirk said, “but will say that justice was done for the very substantial and severe injury Billy received.”
According to the complaint, Austin came to the courthouse to pay his taxes and stepped into a hole in the parking lot causing a severe hip injury and subsequent surgery. “You could not see this hole,” Austin said, “for the water over it. It looked like a smooth surface, like the rest of the parking lot.”
According to Austin, the injury he sustained has changed his life. “After all the surgery and everything, I’m back on my feet again but only with a walker he said. My hip was busted and had to be replaced. It’s true that the city’s insurance company did the right thing by me” he said, “but I’d give it all back in a minute if it had not happened.”
“The attorneys and insurance company who represented the city were interested in seeing that justice was done and that was a good thing,” Kirk said. “They approached Billy’s case in a fair and just manner. In my heart, I think they felt badly for what had happened to this good man.”
The city was represented by Donald M. Wakefield of Lexington.
Austin was represented by John C. Kirk and Kyle Salyer.