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87-501 WHITE - CITV CIERK PINK - FINANCE G I TY OF SA I NT PA U L Council CANARV - DEPARTMENT 7 � �7y(�� BLUE - MAVOR File NO. • `� -/ Co n ' Res lution --�� �-7 , , � Presented By �-'� "" Referred To Committee: Date Out of Committee By Date RESOLVED, that upon execution and delivery of a release in full to the City of Saint Paul, the proper City officers are hereby authorized and directed to pay out of the Tort Liability Fund 09070-511-000 to 3M Company the sum of $1, 551.41 in full and final settlement ofits claim for damages sustained October 29, 1986 as a result of an accident with a city vehicle at or near University and John Ireland Boulevard. COUNCILMEN Requested by Department of: Yeas p�eW Nays � �� In Favor Rettman Scheibel Sonnen �__ Against BY Tedesco Wilson �p �p /irR � 4 I�p7 Form App ved by City ttor ey Adopted by Council: Date /"�� Certified Ya_s ncil Se ar B BS• Approved by + vor. D '�� � / �':s"ay i � Approved by Mayor for Submission to Council c tZSL�� g �Y - – — y PE��.�����1 f,':=;�: � �> i�87 y_ � , . . U- ��-s� i s��\�""` CITY OF SAINT PAUL S� ��Ti O� '3��� ����9 a; "��„�I��I bl OFFICE OF THE CITY ATTORNEY .,``. `,;� m1:gn ^= EDWARD P. STARR, CITY ATTORNEY "«�«'°,;,���'`� 647 City Hall, Saint Paul. Minnesota 55102 612-298-5121 GEORGE LATIMER MAYOR '�,�;-- ,,;� ,_. � 1 �i ���"��, , � �/ MEMORANDUM \ ,1 '; ' °.:a '� � , `,�. - _� � -�ii: TO: Members of the City Council .: `� �PR 2 j987� � '�'% � -, FROM: Frank E. Villaume, III I,�`.;\\ t 't� f�-li`"�' ' ` � "?,. � ,,_ . �,, . i,..��`�.;: Assistant City Attorney � � / � ( _ ", ,; i, DATE. March 30, 1987 J /�:� j ;-� _ RE: 3M Co. v. City of St. Paul On October 29, 1986, a Public Works dump truck collided with a car owned by 3M Company at the intersection of University and John Ireland Boulevard. The primary cause of the accident was the driving of an unidentified third party who exited the wrong way onto John Ireland from University, disregarded a stop sign and turned directly in front of the dump truck. The driver of the dump truck swerved to avoid impact with the unknown third party and struck the rear of the 3M car. Under the legal theory of joint and severally liability, if the City of Saint Paul was found to be 35% or less at fault, its responsibility to 3M Company would be twice its determined negli- gence. If the City' s fault was found to be greater than 35°s, it would be held responsible for all the damage to the 3M Company car. The damage to the 3M Company car was $2 , 585 . 69 . We have agreed to a settlement whereby the city would pay 60� or $1, 551.41 . Our office approves this settlement. FEV:paw enc. cc. Ed Starr Mayor ' s Office