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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 �� �' �ti. � Counc ' Resolution - � � ���� � ! 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 $2, 000 . 00 to fully and completely settle any and all claims or matters, made or not made against the City of St. Paul, arising out of Helen Brunnette ' s trip and fall of November 28, 1986 . COUNCIL MEMBERS Requested by Department of: Yeas Nays Dimond ��g [n Favor c�tr�. Rettman (� �., _ Against BY Sonnen Wilson DEC - 81988 Form Approved by City Attorney Adopted by Council: Date C'"` °""` ,�� , ; _ g"�.•��;����.Z`'��„�-"� G�rr1-�'�-' f� �� � Certified Pass d o cil ecre y Y __.� � . By� Approved b ;Navor: Date � '��., i � h7�8 Approved by Mayor for Submission to Council By � _ ` BY � 798$ ��a�;r�i�, . _ _�_ � t�,a......v ��--�4� �° _ 096f City Attorney DEPAR�NFENT i�Valter A. Bowser CONTACT 298-5121 PHONE 11/23/88 DATE � � � � . � _ .. . ' 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 � � ; � - . , : 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