88-1863 WHITE - C�TV CIERK COl�I1C11 C/(/� 1 Q_/ 2
PINK - FINANCE GITY OF SAINT PAUL
CANARV - DEPARTMENT �� � /���v
BLUE - MAVOR File NO•
� Council Resolution �'��
��- '� �`
�
Presented By �
Referred To Committee: Date
Out of Committee By Date
WHEREAS, Gail Issendorf and the Home Insurance Company have
brought a lawsuit against the City of St. Paul and Bernard McNaughton
arising out of an accident occurring on December 28, 1982 when
the truck Mr. McNaughton was driving accidently pinned Mr. Issendorf
between two trucks. The City of St. Paul and Mr. McNaughton brought
an action against William Scherado (uninsured) contending he was
negligent in guiding Mr. McNaughton backwards. Mr. Issendorf
injured his low back for which workers ' compensation benefits
of $17, 000 were paid by the Home Insurance Company. Mr. Issendorf
claims he lost about 2z years of work, and sustained 10� permanent
disability to his back because of this accident; and
WHEREAS, Mr. Issendorf and the Home Insurance Company have
indicated they sustained significant damage owing to the negligence
of Bernard McNaughton.
BE IT RESOLVED that upon execution of the appropriate Releases
and Stipulations for Dismissals, the proper City officials are
hereby authorized and directed to pay from the Tort Liability
Fund 09070-0511-000 the following:
1. $22 , 000 . 00 to Gail Issendorf and his attorney (Mr. Scherado,
as part of the settlement, will be paying Mr. Issendorf an additional
$500 . 00 ) ;
2 . $5, 000 . 00 to the Home Insurance Company and its attorney.
BE IT FURTHER RESOLVED, that payment of the above referenced
monies is being done to effect a full, final and complete settlement
of all claims, past, present and future, made or not made, against the City a:
a result of the accident referenced above.
APPROVED: � �l/�
p� ���'E��sC,r (
�-c�C�G2-2.-
�u�g o is ric our
COUNCIL MEI�IBERS Requested by Department of:
Yeas Nays
Dimond
i.o� (n Favor
coswitz
Rettman �
�� _ Against By
_��
wi�son. �p, y�
Nv� � 9 R7pp Form Approved by City Attorne
Adopted by Council: Date
Certified Pass d y ncil Secretary !/ / �y
gy,
Appro y Mavor: Date `�3 � � Approved by Mayor for Submission to Council
By
�
ptl�tlSHEB ��C 1 p 1988
r �� /��
�." ��Citv AttorneY DEPARTMENT � � �� _ 09�.
� Walter A. Bowser CONTACT �
298-5121 _HONE ,
.•----�_DTGV@mhcr 9+ 1988 �TE �����►�� �
ASSIGN NUhBER FQR ROUTING ORDER (Clip All� Locations fur Sianatur�e) :
Department Director Director of Management/Mayor�
Finance and Management Services Director - City Clerk
Budget Director - '
City Attorney
yJHAT WILL BE ACHIEVED BY TAKIN6 ACTION ON THE ATTACHfD MATERIA�.S?� (Purposef ; �-
Rationale) :
' Fuil settlement of the claim of Gail � Issendorf and �he^�iome ��risura�ce
Company against the City of St. Paul and Bernard McNaug2iton arising
out of an accident occurring on December 28`, 1982, when th� t-ru�k `�- '
Mr. McNaughton was driving accidently pinned Mr. Issendorf` between
two trucks. .
�OSTjBENEFIT, BUOGE7ARY AND PERSONNEL IMPACTS ANTICIPATED:
. . Gour�cil Research Center
n�a � ��ErOV 10198$ ,.
.
:,:
. .a-�_;.;
�INAWCING SOURCE AND BUDGET ACTIVITY NUMBER CHARGED OR CREDITED: (Mayor's signa- '
� ture not re-
. Totai Amount of "Transaction: $27,000.00 quired if. under< � �
� �10,000) .
Funding Source:
Activity Number: 09070-0511-000 . . � �
A'fTACHMENTS (List and Number Al l Attacfunents) :
resolution -
- T .
ARTMENT REVIEW CITY ATTQitNfY REYiEW .�/
Yes No Council Resolution Required? � Resolution'�equired? f� Yes No
�,Yes o Insurance Required? Insurance Sufficient? Yes �No
Yes No Insurance Attached:
(SEE •REVERSE SIDE FOR INSTRUCTIONS) ,:
Revised 12/84 '