After boy broke OP sculpture, his family’s insurance didn’t pay up. Here’s who did
An Overland Park official confirmed Tuesday that its own insurance company reimbursed the city for an expensive sculpture damaged by a young boy.
Overland Park spokesman Sean Reilly said Tuesday that he was mistaken when he reported in July that the insurance company of the family of the 5-year-old boy had reimbursed the city.
“Someone said we got an insurance check,” Reilly told The Star. “I misunderstood.”
The mistake came to light after the boy’s mother, Sarah Goodman, told The Star this month that she had finally heard from her insurance company, and they denied to her making any kind of payment for the damaged artwork. She said her insurance company, which she declined to name, told her they had no intention of paying for the damaged sculpture.
It all stems from an incident May 19 in which a 5-year-old boy accidentally toppled a sculpture that was on sale for $132,000 as part of an art show at the Tomahawk Community Center in Overland Park. Video went viral of the boy appearing to try to hug the glass sculpture, and then struggling to stop it from falling over before it crashed to the floor.
In June, Goodman posted a message on Facebook saying she was stunned to receive a letter from Overland Park’s insurance company seeking to recover damages to the $132,000 artwork. She said at the time that this fragile, pricey art should not have been out in the open and unprotected on a small pedestal, in a heavily trafficked community center full of families and young children.
Goodman has repeatedly said the family should not be charged for a child’s accident. She pointed out the facility was not a museum where families would be expected to warn their children not to touch anything.
“We’re sorry for the accident, but we were not negligent in any way,” Goodman said Tuesday. “It (the sculpture) should never had been there in the first place. This is not an art gallery.”
She said she hoped the city would drop the matter now.
“I hope I don’t get a bill,” she said. “I hope it all goes away.”
Reilly said Tuesday that it was the city’s insurance company, Travelers, that had sent the check to the city for the damage. The check totaled $107,000, which reimbursed the city for all but the $25,000 deductible in the city’s insurance policy.
Reilly said Traveler’s may negotiate repayment from the family’s insurance company but that outcome remains to be seen. He did not think the city’s insurance rates would go up as the result of this payout.
From that $107,000, Reilly said a check for $99,000 was sent July 30 to the artist who created the sculpture, William Lyons of Kansas City. That $99,000 is what the artist would have received if the piece had actually been sold at the community center art sale, because the city gets a 25 percent commission on sales. The city kept the remaining $8,000.
Lyons has not responded to a call or email seeking comment about the aftermath of the sale. He had previously told The Star that the artwork was not professionally appraised, but he thought $132,000 was a reasonable asking price. He said it had been damaged to the point that it could not be restored to its original condition.
Reilly said the artwork is now in storage.
“We are holding onto the sculpture at this time in case of any future court litigation,” he said. “Ultimate disposition will be up to the insurance companies.”
Professional art consultants familiar with art displays in public buildings have said best practices call for a city to verify the value of the artwork with a professional appraisal. They have also told The Star that it is advisable for cities to make sure the art is safely displayed. The artist in this instance provided a pedestal to which the sculpture was clipped, but the city did not require that it be bolted down or roped off.
Reilly said Tuesday that he had not been told of any plans for the city to change its practices or policies with regard to art displays and sales in its community centers.
This story was originally published August 15, 2018 at 12:00 PM.