NEW SCOTLAND — A woman who was paralyzed in July 2017 from falling rocks on the Indian Ladder Trail in John Boyd Thacher State Park has been awarded $9 million from the New York State Office of Parks, Recreation, and Historic Preservation in a settlement filed on Monday.

Nancy Ladd-Butz, of Clifton Park, will receive $8.4 million; her husband, Robert Butz, will receive $100,000; her daughter, Kelsey Butz, will receive $500,000, according to Ladd-Butz’s lawyer, George J. Szary, of the firm DeGraff, Foy & Kunz.

Szary told The Enterprise on Wednesday that the settlement was “obviously not a cause for celebration,” when Ladd-Butz still underwent a tragedy and is living with the results of her injury.

Butz had been hiking on the Indian Ladder Trail in the park on July 2, 2017 with her daughter when she was struck by falling rocks and paralyzed.

The pre-trial brief submitted to the State of New York Court of Claims by Ladd-Butz, Robert Butz, and Kelsey Butz describes events unfolding that day: “...Nancy, an active and vibrant 59 year old woman joined her daughter Kelsey and their dogs for a hike along the Indian Ladder Trail. Hiking was a favorite pastime of Nancy’s and over the years she had hiked not only the Indian Ladder Trail, but also Buck Mountain, Moreau State Park, in The Catskills, and went for almost daily walks at The Crossings, the public park in the Town of Colonie. She also enjoyed other outdoor activities like snow shoeing and cross country skiing.

“A the time, Nancy was a Spanish Teacher with the Albany City School District. She is the mother of two children, daughter Kelsey, age 29, and Jeremy, age 32. She is married to Robert Butz, and while they have been separated since August 2014, they remain close and committed to each other’s welfare.

“Nancy, Kelsey and their dogs walked the Indian Ladder Trail that day at about Noon. Nancy stopped to take a picture of the dogs when loose rock, identified by the scalers in May as presenting a hazard to hikers, fell from the escarpment striking Nancy in the head and shoulders, knocking her to the ground unconscious …

“This is the last memory Nancy has until three weeks later when she was a patient at Sunnyview Rehabilitation. Kelsey, in the zone of danger only a few yards from Nancy, stood by in horror seeing her mother stricken and on the ground.

“Nancy lay on the Trail, critically injured, her spinal cord severed, and at risk of further injuries from other falling rocks. Bystanders on the Trail rushed to move her from further harm. Very near death, Nancy was transported to Albany Medical Center Hospital for treatment of what were already known to be catastrophic, crippling injuries.”

Szary said that the state had expressed interest in trying to resolve the claim, which had been filed in September 2017. He said that, although he and the Butzes were prepared to go to trial on Monday, they had been working to resolve the claim with the state the week prior.

The pre-trial memorandum states that in April 2017, following a rock slide on the trail, Thacher Park’s director, Maureen Curry, inquired about having “scalers” — people who rappel down cliffs to remove loose rocks and debris — from the Finger Lakes region come to inspect the Indian Ladder Trail. Scalers inspected the trail the following month.

“While the escarpment along the Indian Ladder Trail had in the past been scaled regularly, no rock face scaling had been performed for nearly 12 years prior to May of 2017,” the memorandum states. However, the scalers inspected only a third of the trail due to time constraints.

In a deposition from regional safety manager Dean Bardwell, he said he was told by regional director Alane Ball Chinian to “wait and see what the fall brings,” recommending the scaling be completed in the autumn.

Ladd-Butz was struck by loose rocks falling from the escarpment on a portion of the trail that had not been inspected, the memorandum states.

Loose rocks and debris were removed from the trail last May to allow the trail to reopen, which had been closed since Ladd-Butz’s injury.

In presenting the claimants’ arguments, the brief notes that courts, including the Court of Appeals, New York State’s highest court, have explicitly held that “a municipality is under a duty to maintain its park … facilities in a reasonably safe condition.” The brief further notes there were no signs explicitly warning of falling rocks along the trail and reiterated that the accident occurred on a portion of the trail that had not been scaled in 12 years.

Szary said that the state’s awareness of the possibility of an injury on the trail most certainly played a role in the settlement, and added that the state hadn’t taken steps to address the issues.

Ball Chinian did not return a call before press time.

Despite the tragic situation, Szary said that the settlement “made some pretty sour lemonade out of the lemons, as it were.”