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JACKSONVILLE, Fla. -- Two years ago on June 27, life changed for Aubrey Stewart after a tree on public right-of-way fell and crushed the teenager.

Stewart is back home with family after he was paralyzed from the waist down.

The Jacksonville City Council, faced with a lawsuit from the family, is avoiding court opting on an out-of-court settlement that would cost taxpayers $3.5 million.

Last weekfollowing an emergency vote, the council unanimously agreed to first installment which is $200,000.

The ordinancethat was approved spells out future payments, which include $1.2 million due this November with another $1 million duein November 2014. The balance would be paid out over thefollowing two years.

Stewart's parents could not be reached for comment on Monday. The family's attorney, Steve Pajcic, said the teen is back home on Dyak Street where he was injuredand is being cared for by family.

In the ordinance that spells out the settlement, the city says Public Works has taken steps to "improve the timeliness of their tree trimming and removal efforts."