88-1935 WHI7E - CiTY CLERK
PINK - FINANGE CO�lI1C11 ///1
CANARV - DEPARTMENT G I TY OF SA I NT PAU L x / �
BLUE - MAYOR File NO. v L ��
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� Counc ' Resolution - �
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Presented By � '
Referred To Committee: Date
Out of Committee By Date
WHEREAS, Helen Brunnette, a 75 year old woman, on November
28, 1986, tripped over a 2" rise in a public sidewalk located
on Cedar Street between Charles and Sherburne. She claims she
sustained injuries to her head, knees, nose, hands and forehead
which required treatment at Bethesda Hospital; and
WHEREAS, Helen Brunnette claims the City of St. Paul was
aware of this dangerous condition because it had been marked for
repair. The claim of the 2" rise and the repair markings were
confirmed by a St. Paul police officer who came to assist Ms.
Brunnette; and
WHEREAS, the City of St. Paul denies Helen Brunnette ' s claims,
alleging instead that the sidewalk was not dangerous, but if it
were, Helen Brunnette was negligent by failing to maintain a proper
lookout; and
WHEREAS, a January 13, 1989 trial date has been set in this
case; and
WHEREAS, the City Attorney' s office, in consideration of the
uncertainty of what a jury might conclude based upon the facts
surrounding Helen Brunnette ' s fall, has recommended that Helen
Brunnette ' s lawsuit be completely and full settled by the payment
of $2 , 000 . 00 to Helen Brunnette and her attorney; now, therefore
BE IT RESOLVED that upon receipt of a Release and Stipulation
of Dismissal with Prejudice, the proper City officials are hereby
authorized and directed to pay from the Tort Liability Fund - 09070-
511-000 to Helen Brunnette and her attorney the sum of $2, 000 . 00
to fully and completely settle any and all claims or matters, made
or not made against the City of St. Paul, arising out of Helen
Brunnette ' s trip and fall of November 28, 1986 .
COUNCIL MEMBERS Requested by Department of:
Yeas Nays
Dimond
��g [n Favor
c�tr�.
Rettman (�
�., _ Against BY
Sonnen
Wilson
DEC - 81988 Form Approved by City Attorney
Adopted by Council: Date C'"` °""`
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g"�.•��;����.Z`'��„�-"� G�rr1-�'�-' f� �� �
Certified Pass d o cil ecre y Y
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By�
Approved b ;Navor: Date � '��., i � h7�8 Approved by Mayor for Submission to Council
By � _ ` BY
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��a�;r�i�, . _ _�_ �
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City Attorney DEPAR�NFENT
i�Valter A. Bowser CONTACT
298-5121 PHONE
11/23/88 DATE � �
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ASSiGN NUMBER FOR ROUTING ORDER .(Clip All l,ocations for_ S�ign�ture) :
Department D�irector Director of-ManagementlMayor , `
Finance and Management Services Director � City C]erk -
Budget Director {
City Attorney :
WHAT WILL BE ACHIEVED BY TAKING ACTION ON THE ATTACHED MATERIALS? (Purpose/ �
Rationale};
Full settlement of claim of Helen Brunnette for injuries �u�tained
November 28, 1986, as a result of a sidwalk fall on Cedar between .
Charles and Sherburne.
_ #
�OST/BENEFIT, BUDGETARY AND PERSONNEL IMPACTS ANTICIPATED:
n/a
�'INANCING SOURCE AND BUDGET ACTIVITY NU1�8ER CHARGED OR CREDITED: (Mayor's signa-
` ture not re-
Total Amount of "Transaction; $2,000 .00 quired if under
� �10,00Q)
Funding Source: 09070
Activity Number: .
ATTACHMENTS (List and Number All Attachments) :
Councii Reseai�ch Center
resolution -
f�OV 2 819�8 � �
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DE ARTMENT REVIEW CITY ATTQRNEY REVIEW
Yes No Counci 1 Resol uti on Requi red? ' Resol uti on Requi red? x Yes No
Yes o Insurance Required? Insurance Sufficient? ! Yes �F10
Yes No Insurance Attached:
(SEE •REVERSE SIDE FOR INSTRUCTIONS)
Revised 12/84