87-260 WH14E - C�TV CLERK
PINK - FINANCE Y�
C4NARV - DEPARTMENT GITY OF SAINT PAUL COl1I1C1 [j
BLUE - MAVOR File �0. u �-�Yv
C u� il Resolution �
�
Presented y
Referred To � L Committee: Date ��� � '��
Out of Committee By Date
RESOLVED, that upon execution and delivery of a release in
full to the Ci y of Saint Paul, the proper City officers are hereby
authorized and directed to pay out of the Tort Liability Fund
09070-511-422 o Lothar T. Williams and Eugene williams the sum
of $25, 000 . 00 n full settlement of their claim for damages sustained
October 1, 197 , as a result of an automobile accident involving
a city owned s uad car.
A P P R O V E .
e of Distr ' ct Cou ! Z� ��
COUNCILMEN Requested by Department of:
Yeas Drew Nays
Nicosia �
Rettman [n Favor
Scheibel
Sonnen �__ Against BY
Tedesw
Wilson Q
MAR 5 ' �9U� Form Approved by City Attorney
Adopted by Council: Date
Certified Passe by Council Secr ary BY
By
Approved y 'Vlavor: Date MAi � � ���7 Approved by Mayor for Submission to Council
By — BY
�L�ii�lif.� .... . ;� 1 jy -
, �� ,�7- ��°�'
y��TT �. CITY OF SAINT PAUL
° ;`• °�� OFFICE OF THE CITY ATTORNEY
'�� III�III II ��
�,,,. „� EDWARD P. STARR, CITY ATTORNEY
f''��°��� 647 City Hall, Saint Paul,Minnesota 55102
612-298-5121
GEORGE LATIMER
MAYOR
M E M O R A N U M
TO: Memb rs of the City Council
FROM: Karl F. Hancock ����
Assi tant City Attorney
DATE: Janu ry 27 , 1987
RE: Clai against the City of Saint Paul
by L thar T. Williams and Eugene Williams
The above case has been settled for $25, 000 upon the recommendation
of this office.
The claim aris s out of an auto accident of October 1, 1979 involving
plaintiff Loth r Williams, a St. Paul Police Department squad
driv�by forme officer Charles Varani and a third civilian vehicle.
At approximately midnight, Officer Varani, while driving westbound
on I94 thru sp ghetti junction, was passed by a vehicle without
lights on. Officer Varani got on his PA and advised vehicle to
turn on lights . The vehicle did not respond. As they passed
through another curve of I94 , Officer Varani again used his PA
with no result. At no time did Officer Varani put on his mars
lights. The ve icle eventually pulled over one-half in right
lane and one-half on shoulder and stopped directly in front of
Officer Varani . Officer Varani then attempted to back off the
freeway onto th shoulder. Officer Varani was not sure but did
not feel he had overhead red lights on yet at this point. His
recollection is that he was totally off the road when struck by
plaintiff ' s veh ' cle.
Plaintiff testi ied in his deposition that as he rounded the curve
he saw the back p lights of a vehicle (the squad) and it was in his
lane. He also estified there was a third vehicle in the lane
next to him pre enting him from changing lanes. He further stated
the squad backe into him and caused him to lose control of his
vehicle. His a cident reconstruction expert would have testified
that the squad acked into him. A further police administrator
expert of plain iff ' s was prepared to testify that Officer Varani
used bad judgme t in using his PA and not his mars lights and in
not pulling the vehicle over.
;;�-�� ��
` _ ��
. - . .
Two civilian w tnesses would have testified that the police vehicle
was backing on the freeway, at least partially in plaintiff ' s lane.
Their testimon differed on whether Officer Varani had used em-
ergency lights Each would have testified that plaintiff was speeding.
The police sup rvisor who investigated the accident noted a "moderate"
smell of alcoh 1 on plaintiff ' s breath, however no blood or breath
test was reque ted or performed.
Plaintiff ' s ve icle struck the third (civilian) vehicle, proceeded
up the median nd rolled several tiems. Plaintiff suffered a
spinal cord injury and was hospitalized for months. He was 22
years of age a the time. Plaintiff ' s physician and our independent
medical examin r each rate plaintiff as 50o permanently disabled.
His left arm is a withered limb with claw-like hand. He has limited
use of his lef leg. He also has significant sensory loss in both
upper and lower right limbs. He suffered significant loss of employ-
ment and now h s difficulty in maintaining full-time employment.
Under the circu stances of comparative negligence and the serious
nature of plain iff ' s injuries, this office felt $25, 000 was a
fair and reason ble settlement.
KFH:paw
enc .
cc. Ed Starr
Mayor' s Of ice
�- 1 � �_�L 1���
. . � �ac�f �����
+�� CITY OF SgINT P�UL
� ;'si'i'ii:il = :" O�'B'ICE OF' TH� CITY COIINCIL
. Cammi�tee Re art .
F
_ _ _ _ Fi�anc� �iana�em��t & Personnel Committee. �
FEBRUARY 26, 1987 - -- . �
1. Approval of minut s from meeting held February 19, 1987. a roved
pP
� , 3c�t ai�t�►or �i:n a ° v
« .B�sa��.ut 8 P �� o#,�y, 5�,OOQ. ta,. . tt�ar T. W311iams '�".
Willi �,�a,.: �-�Lfab� in �u�I � � cl�� E �V�.
y settZ�ement o ���.'�: �� �ta��}
��� ,, �`:;�:� :;„
3. Resolution author zing proper city officials to execute an amendment to the .
Consolidated Coop ration Agreement between the city and the Public Housing
Agency for the pu pose of reducing the PILOT payment to benefit the low-income
housing program i Saint Paul. _laid over to 3/5
4. Resolution author'zing the city of Saint paul to enter into an agreement with
. Chemical Bank of w York regarding the Galtier Plaza UDAG project. approved _
5. Resolution amendi the 1987 budget and adding $24,200 to the Financing Plan
- - and--to-the- Spendi �Plan -for Police-Training Fund. '" approved - -
6. Resolution amendin the 1987 budget by adding $40,750 to the Financing Plan
and to the Spendin Plan for Police - �pecial Funds - to purchase cars,
motorcycles and ot er equipment. _ approved
7. Resolution authori ing execution of a Joint Use Lease and Operating Agreement
between the city a d Independent School District 625 for recreational
' development (build ng addition and sitework) at Hancock Elementary School.
approved
8. Administrative Ord r: ' . .
D-8301: Budget re ision in Finance and Management Services - Special Revenue
Fund. discussed
9. Resolutian amendin the 1985-1986 Collective Bargaining Agreement between the
city of Saint Paul and the Saint Paul Police Federation and adopting .a new
wage schedule purs ant to comparable worth studies. laid over to 3/12
C`n �j-I- SEYFr�i'TH FLOOR Sr1Il�IT PALTI„'�1I�IESOTA SSIQ�
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