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87-1379 WHITE - C�TV CLERK PINK - FINANCE G I TY O F SA I NT PA U L Council G, /��,� BLUERV - MAYORTMENT � File N 0. Counc 'l Resol tion -�, , � � �� 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 ar�d directed to pay out of Tort Liability Fund 09070- 511-000 to: Grover Mullin, Judi Mullin, Emily E. Olson and Jerome J. Simons, Jr. , as Special Representative of Henry E. Olson, Deceased, and their attorney, John T. Chapman, the sum of $25, 000 . 00 in full settlement of their claims for injuries and damages sustained October 6, 1984, as a result of an automobile accident on Shepard Road west of the High Bridge. A P P R O V E D: (�c�� �` Judge of District Court CQUNCILMEN Yeas Drew Nays Requested by Department of: Nicosia Rettman In Favor Scheibel �/ Sonnen - __ Against BY -- Weida wi�son cEP 7 :�' 1987 PP Y Form A oved b Cit Atto ne Adopted by Council: Date — " � �� Certified Yas• cil Sec ry BY By � Approv ;Navor. Dat �- �J�f' L^T k71��� Approved by Mayor for Submission to Council BY – — BY � - "�_ �,' �A; �'�z_ l�'.�j% � • c��� � s�`��T� �. CITY OF SAINT PAUL ��° �:ti g; f �r, OFFICE OF THE CITY ATTORNEY J.� iiii�i'ii ii �' e; m EDWARD P. STARR, CITY ATTORNEY ' °'mu,n�F°'fi>>�`�� 647 City Hall, Saint Paul,Min�esota 55102 612-298-5121 GEORGE LATIMER MAYOR MEMORANDUM . , � �� � T0: Piembers of the City Council �`; �v FROM: Frank E. Villaume, III � l � Assistant City Attorney DATE: August 17, 1987 RE: Grover A. Mullin, et al. vs . Rafael Rosario, et al . Our File No. S85-0064 The above captioned action arises out of a three-car accident on Shepard Road west of the High Bridge on October 6 , 1984 . Glover Mullin, his wife Judi and his in-laws, Henry Olson and Emily Olson, were eastbound on Shepard Road returning home from an anniversary party for the Olsons. A second car driven by Rafael Rosario westbound lost control, drove over the centerline and struck the cement wall along the south side of Shepard Road where it came to stop. Mullin was unable to avoid the Rosario car and struck it. There were minor injuries to the occupants in the Mullin car with the exception of Mr. Olson, whose head hit the windshield. While the occupants were out of the cars surveying the damage, a third vehicle driven by Barbara Kinsella struck the back of the Mullin vehicle injuring the four plaintiffs. Mr. Mullin' s primary injury was to his left knee; he sustained tears of all medial structures and several reconstructive surgeries were required. Mr. Mullin' s treating physician opined he suffered a 23% permanent Partial disability to his knee. Mr. Mullin in- curred $12, 000 in medical expense and $6, 800 in lost wages. Judi Mullin suffered an aggravation to a pre-existing disc problem in her lower back. The extent of her injury is disputed; one physician believes she suffered a 5% permanent partial disability and other found no disability. Mrs. Mullin' s medical expenses are $2 , 500 and her lost wages were $1, 500 . Emily Olson was the most seriously injured. She suffered crushing injuries to her legs and pelvis, including fractures of the sacroiliac, superior and inferior pubic rami, left and right fibia and ace- tabulem. Mrs. Olson' s medical expenses are in excess of $97, 000 . She is confined to a wheelchair and requires live-in care at a cost claimed to be $45, 000 a year. r,r � � .,� -t-��'�; � � , . ` � t Henry Olson sustained a fractured patella, contusions to his face and complications to serious pre-existing medical problems which utimately lead to his death in November 1986 . Mr. Olson' s medical expenses were approximately $57, 000 . The plaintiff ' s commenced an action against Rosario, Kinsella, the City of St. Paul and others. The complaint alleges the City of St. Paul negligently constructed, maintained and operated Shepard Road and that negligence was a proximate cause of their injuries. The extent of insurance coverage on the Rosario car was the subject of a separate declaratory judgment action. If the City of St. Paul was found negligent, it would be jointly and severally liable with any other party at fault and it could be required to pay judgments to the extent of its statutory limits . Because of the uncertainties and the declaratory judgment action, the concept of joint and several liability, and the serious injuries to the plaintiffs, the City of St. Paul agreed to settle all claims in the total sum of $25, 000 . Our office requests approval of this settlement. FEV:paw enc. cc. Edward P. Starr Mayor' s Office ��-�y- i�'� A G E N A M A T E R I A L S COUNCIL ID�� ��� DATE RECEIVED ��G/,�/��� �.—' AGENDA DATE AGENDA ITEM �� SUBJECT �u� ,� �,,. �SODD Ti� /�rD�/Pr �ii�i�� � , l/�� �/�lii/P �i �i ��G.e o�.�� ' " ���is �ti — ���v �i��i���-c ORIGINATOR � CONTACT / RESEARCH STAFF ASSIGNED DATE SENT TO CLERK ��� COUNCIL ACTION MASTER FILE INFO AVAILABLE � r � "i'�� ; � , Cc. �,.�_E� y?�� . • � DATE FILE CLOSED � �� . , ,