87-561 WHITE - C�TV �LERK
PINK - FINANCE G I TY OF SA I NT PAU L Council �i��� �
CANARV - DEPARTMENT
BIUE - MAVOR File NO• ��
Co nc 'l eso tion ---
Presented B � '`���
y
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 James Stanley, his attorney, Blair F. Sheire
and Minnesota Department of Human Services the sum of $5, 500 . 00
in full settlement of the claim of James Stanley who sustained
damages as a result of a bicycle accident on July 18, 1983 at
or near the bicycle path at Como Park.
A P P R O V E D:
Ju of ' strict C rt
�PR 0 9198I,
COUNC[LMEN Requested by Department of:
Yeas prew Nays ,�-
'�°°"° � [n Favor
Rettman �
�---$�ehsibsl
Sonnen __ AgeitlSt BY
Tedesco
Wilson
Adopted by Council: Date APR 2 3 1987 Form Appr ed by City tto e ,..�--_
Certified Va.s Counc�l Se a BY
By,
' �''' ' " ��� Approved by Mayor for Submission to Council
A�ppr e Mavor: Date �°y��`
By _ _ sy
Pl�ISl�=� ``' ,.,.,, '' i�87
. � �.�- ������
�'���=•o, , CITY OF SAINT PAUL
e �; OFFICE OF THE CITY ATTORNEY
` _'�����° 'p EDWARD P. STARR, CITY ATTORNEY
v� ^c�
���r�.� 647 City Hall, Saint Paul,Minnesota 55102
612-298-5121
GEORGE LATIMER
MAYOR
MEMORANDUM
T0: Members of the City Council
FROM: Frank E. Villaume, III �['�
Assistant City Attorney tG
DATE: April 8, 1987
RE: James Stanley v. City of St. Paul
Plaintiff James Stanley was injured on July 18, 1983 while riding
his 10-speed bicycle on the bike path on Como Park. Mr. Stanley
was attempting to ride up a ramp over the curb when he was con-
fronted by several oncoming bicyclists . The ramp was constructed
so that a V-shaped drainage gully was formed between the curb
and the ramp. At the point of the gully is a plastic pipe approxi-
mately 5 inches in diameter which allows rainwater to travel along
the curb line under the ramp. While attempting to avoid the on-
coming bicyclists, Mr. Stanley' s bike was forced into the V-shaped
gully and he collided with the pipe. The collision through him
over the handlebars and resulted in the fracture of his left elbow.
The plaintiff has undergone three separate surgeries for the repair
of his left arm. The plaintiff was diagnosed as suffering a fracture
of the transverse olecranon. This was repaired with internal
fixation. Several months later, plaintiff was diagnosed as having
a non-union and second surgery performed with a bone graft taken
from Mr. Stanley' s hip. In August 1985 surgery was performed to
remove the metal hardware in the elbow which had been causing the
plaintiff pain and swelling. The plaintiff ' s attending physician
concluded that he suffered a 5°s loss of physical function of his
left upper extremity. A plastic surgeon opined that cosmetic
surgery should be considered to improve the appearance of the
scars on Mr. Stanley' s elbow. The plaintiff claims medical ex-
penses in excess of $6, 500.
In a sworn statement, a witness to the accident claims that she
had seen other bicyclists thrown from their bikes when they en-
countered the same V-shaped gully. The plaintiff further claimed
to have retained the services of an expert in recreational design
who would testify that the construction of the ramp was improper.
Our office has agreed to settle the plaintiff ' s claim in the sum
of $5, 500 . We recommend approval of the settlement.
FEV:paw
enc .
cc. Edward Starr
Mayor ' s Office