87-615 WHITE - C�TV CLERK
PINK - FINANCE CITY OF SAINT PALTL Council �//�/J
CANARV - DEPARTMENT File NO. v " ��
BLUE - MAVOR
oa� cil R lut 'on
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 Y�eby
authorized and directed to pay out of the Tort Liability Fund
09070-511-000 to Harold Klein and Kimberly Klein the sum of
$17, 750. 00 in full settlement of their claim for damages sustained
September 7, 1983, when Harold Klein fell while jogging in Como
Park.
A P P R O V E D:
of District Cour
COUNCILMEN Requested by Department of:
Yeas p� Nays �
Nicosia [n Favor
Rettman �
Scheibel
Sonnen __ Ag3lllst BY
Tedesco
Wilson
Adopted by Council: Date �Y "� �g87. Form App ved by C' tt ��
Certified P•s un .il S r t - . B , �I
By�
A►ppr ve \Aavor. Date � 7 – t�� Approved by Mayor for Submission to Council
By — BY
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. � • �-- �-j_ (�i�
�`�"I`�, CITY OF SAINT PAUL
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ao "'��„"tI 9i OFFICE OF 7HE CITY ATTORNEY
/`�� �"� 1°"� '" EDWARD P. STARR, CITY ATTORNEY
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'•^• 647 City Hall, Saint Paul, Minnesota 55102
"``�nn,a�r��°'"
612-298-5121
GEORGE LATIMER
MAYOR
M E M O R A N D U M
TO: Members of the City Council
FROM: Frank E. Villaume, III ��j3
Assistant City Attorney
DATE: April 20, 1987
RE: Claim against the City of Saint Paul
by Harold Klein and Kimberly Klein
Our File No. S83-0626
Harold Klein and his wife have made claim against the City of
Saint Paul for injuries he received on September 7 , 1983 . On
that date, Mr. Klein was running through Como Park heading in
a generally westerly direction on Como Avenue. The intersection
of Como Avenue and Beulah Lane had been barricaded in 1981 as
part of the evaluation of a one-way roadway system for Como Park.
When park personnel observed cars driving around the barricades,
a chain was erected between two posts and in front of the sidewalk
on the northside of Como Avenue. The chain was designed to permit
access by park vehicles while keeping out the public .
Mr. Klein claims that he was running at a fast pace when he tripped
over the low chain and fell on his hands and elbows. As a result,
he sustained bilateral fractures of the radial heads. The right
radial head fracture was not displaced and was treat conservatively.
The left radial head was resected surgically. Dr. Ronald C. Birkebak,
the plaintiff ' s treating physician, has opined that Mr. Klein has
a 15� permanent partial impairment to his right arm and 10% to his
left arm.
Mr. Klein was an avid runner and biker. He was an all-American
runner in college and an alternate to the 1976 U.S. Olympic Bicycle
Team. Mr. Klein claims that his running and biking activities
have been greatly reduced as a result of this injury. He complains
of weakness, pain and locking in both arms . The plaintiff ' s medical
expenses are $4,433 and he claims lost wages of $768 . In addition,
because of his injuries, Mr. Klein was discharged from the Naval
Reserve. He claims a loss of $28, 000 in future lost wages and
$64 , 000 in future lost pension benefits because of his discharge.
, • • �%� �--�-�/,.5
The plaintiff contends that the erection of a chain across the
sidewalk is in violation of several city ordinances, contrary
to the published standards of the Department of Public Works
for street and sidewalk barricades, is an unreasonable hazard
because it was not adequately marked.
The City of Saint Paul has agreed to a settlement of all claims
for the sum of $17 , 750 and requests Council approval.
FEV:paw
enc.
cc. Mayor ' s Of f ice
Ed Starr