As today's
Toledo Blade points out as well as past articles, Esther Munn did not give up her dream.
A report last year on
13ABC reports that Esther was able to walk again:
Munn describes life before her accident as busy, a double major in theatre and in music her major instrument being her voice. "I liked to perform. That was my goal was to be a well rounded performer."
Now her goal is putting one foot in front of the other. She uses a cane to walk. "I have limited feeling especially in my left hand. I can't feel temperatures so I have to be careful not to burn myself or cut myself."
As today's Toledo Blade points out in addition to the financial settlement:
UT will give her more than 40 hours each of free tuition for the completion of bachelor's and master's degrees in theater and vocal music.
A devout Christian, she thanks God that souls don't break as easily as bodies.
"I'm still going to be a performer," Ms. Munn said. "And of course, looking at me now and looking at my medical records and all that, you're saying, 'You really need to change your major. This isn't possible.'"
How Esther Munn was injured was the tradition of taking down goal posts as part of a celebration, even as a Toledo Blade article from September 23, 2003 pointed out was something that Coach Tom Amstutz believed in at that time:
Immediately after the game, UT head football coach Tom Amstutz had commented about the excitement of the postgame celebration, saying: "After a win like this, they [the goal posts] had to come down."
Yesterday, he was visibly shaken in addressing the matter.
"Everyone was wrapped up in the emotion and all after the game, and I had no way of knowing at the time that someone had been hurt, and I just feel terrible about it," he said.
Coach Amstutz said students need to be safe and sensible in how they celebrate.
"In no way would I ever encourage them to do anything that would jeopardize another student," he said.
Removing goal posts as part of a celebration on a win is no longer possible today, since the University of Toledo has installed goal posts that are "indestructible". Personally I've never understood the desire to destroy things when a team wins but that type of behavior from a crowd isn't something that is just limited to UT or even College sports.
I'm very glad that this lawsuit was settled rather than make Esther Munn and her family go thru years of litigation. However, I do have to admit I did find the amount that the attorneys received troubling:
Under terms of the settlement dated Sept. 14, 2006, Ms. Munn will receive a payment of $924,999. During the course of her life, the Metropolitan Life Insurance Co. will pay Ms. Munn $5,000 each month and a lump sum of $200,000 in 2011.
Her mother, Grace Munn, will get $150,000. Her father, Daniel Munn, will get $1. Their attorneys will collect at least $941,386 through 2012.
Given the lawsuit was filed in May of 2005 and the injury took place in 2003. That's over $300,000 a year in legal fees and realistically lessens the amount of money that could have gone to Esther Munn and her family. While I do believe that an attorney deserves to be fairly compensated for their time when working on a settlement case, in some cases like this one it seems excessive. I know that this type of payment to legal representation is not uncommon, where close to a third of any settlement is awarded to the attorneys and in some situations especially if there has been years and years of ligitation I'm sure some attorneys have experienced a net loss when it comes to settlement payments. This settlement decision was agreed to by our Attorney General, Jim Petro.
That issue aside, I do believe that Esther Munn will graduate and she will continue to reach for her dreams:
"Already I've been able to share with so many people and encourage so many people, my therapist, other people in the hospital, " Ms. Munn said. "When I do dance again and am totally healed, everyone will know about it."