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 -�,
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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:
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Judge of District Court
CQUNCILMEN
Yeas Drew Nays Requested by Department of:
Nicosia
Rettman In Favor
Scheibel �/
Sonnen - __ Against BY --
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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
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� s�`��T� �. CITY OF SAINT PAUL
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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 . ,
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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.
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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
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A G E N A M A T E R I A L S
COUNCIL ID�� ��� DATE RECEIVED ��G/,�/���
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AGENDA DATE AGENDA ITEM ��
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ORIGINATOR � CONTACT
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RESEARCH STAFF ASSIGNED DATE SENT TO CLERK ���
COUNCIL ACTION
MASTER FILE INFO AVAILABLE � r � "i'�� ; �
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• � DATE FILE CLOSED
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