By SHANNON HAUGLAND
Sentinel Staff Writer
The City and Borough of Sitka prevailed in a lawsuit this week related to a falling decoration at Harrigan Centennial Hall in 2016, but the case has caused the building staff to consider adding new requirements for users of the building related to liability.
“We’re looking at all of our policies,” said Centennial Hall manager Don Kluting. “Due to the litigious society these days we will be reviewing our operational policies with a close eye on identifying and reducing liabilities to the city. We need to protect the city as much as reasonably possible from future claims.”
Attorney Brandon Marx, left, and Harrigan Centennial Hall manager Don Kluting listen to jurors return their verdict in a lawsuit Monday in the Sitka Courthouse. (Sentinel Photo by James Poulson)
One of the main changes the city is considering is requiring renters to carry event insurance, which will add to their costs, he said.
Following a two-week trial and deliberations Friday and Monday, a Sitka jury found that neither the city nor an Alaska Day volunteer was negligent in the Oct. 15, 2016, accident in which a member of the New Archangel Dancers said she was injured when an overhead decoration fell on her.
In 2017, Sandy Sulzbach and her family, who now live in Texas, filed a suit for damages. The $3.7 million claim alleges Sandy suffered long-term injuries, and her family suffered losses as a result of the accident.
Kluting said he was pleased with the outcome of the lawsuit, but said defending the case involved a lot of time and money, including the cost of hiring expert witnesses.
“The event certainly highlighted the fact that even when reasonable care and caution is exercised, you can still be sued,” he said. “Anyone can file a lawsuit regardless of fault or liability. As a caretaker of public property, it’s crucial that the facilities and grounds be maintained in a reasonably safe condition, and liabilities should be limited as much as possible. We must take steps to limit liabilities and litigation for events and activities that take place on public property. Litigation is very expensive.”
Kluting, who has managed the building for 29 years, said the case also highlights the city’s exposure to litigation due to a third party’s actions, in this case a volunteer with a group renting the premises.
He said although there may be some changes in the city’s policies, the Harrigan Centennial Hall staff will still balance that with “good customer service and user friendliness.”
Timothy Bowman, an Anchorage attorney representing the city, told the Sentinel afterward that he was not particularly surprised by the outcome and pleased with the jury’s verdict.
“It’s been a long, winding road in this case,” Bowman said a few hours after the verdict. “We’re glad it came out the way it did.”
Bowman, of Farley and Graves law firm, was retained by the city’s insurer, Alaska Public Entity Insurers. Bowman worked closely with city staff and said he was confident from the start in the city’s position that it was not liable. Bowman praised the work of the city legal team, as well as Centennial Hall staff members Kluting and Tony Rosas.
“From the outset of this case it seemed to me the liability of the city was really, really far-fetched,” Bowman said. “I was glad to get this problem out of the city’s hair; I don’t think it was properly laid at their feet. Thankfully the jury agreed, but it took a long time to get here. To say (the city) felt vindicated would be a fair statement.”
He said he still needs to discuss with his client whether to seek court costs and attorney fees from the plaintiffs.
