Loading...
87-1408 WHITE - C�TV CLERK PINK - FINANCE GITY OF SAINT PAUL Council �� ' '/D CANARV - DEPARTMENT File NO• / / � BLUE - MAVOR Counc ' Resol tion , , Presented By � Referred To Committee: Date Out of Committee By Date RESOLVED, that upon receipt of a Release and Stipulation for Dismissal with Prejudice, the proper City officials are hereby directed to pay to Louise C. Weins and Francis P . Weins, and their attorney, Rick R. Larson, from the Tort Liability Fund 09070-511-000 the sum of $2 , 000. 00 to fully and completely settle all claims, asserted or otherwise existing, resulting from Louise C. Tnleins ' fall at Como Park Zoo on or about May 8, 1985 . COU[VC[LMEN Yeas Drew Nays Requested by Department of: Nicosia Rettman [n Favor Scheibel � _�__ Against BY -- Weida Wilson Adopted by Council: Date SEP�1987 Form Approved by City Attorne Certified Yass d o .i Se e a � �� �7 � �— Appr d by iVlayor: e _ SC� •; n �9C7� Approved by Mayor for Submission to Council _ _ By �ilis.�c•.���...3 .. , , ... IJU� � 'l - /�f�;+' ' •s�'��"� CITY OF SAINT PAUL r:���Ti o� 3 ti0 �ir �o � OFFICE OF 7HE CITY ATTORNEY ^;� iii1t'���m c_; ,,m EDWARD P. STARR, CITY ATTORNEY � �•e• ` 647 City Hall, Saint Paul, Minnesota 55102 "'�n«�:.,�°°` 612-298-5121 GEORGE LATIMER MAYOR M E M O R A N D U M TO: Members of the City Council FROM: Walter A. Bowse Assistant City Attorney DATE: September 16 , 1987 RE: Louise and Francis Weins vs . City of St. Paul, et al. The above entitled lawsuit is a claim made by Louise Weins and her husband, Francis Weins, resulting from Mrs . Weins ' fall and resulting injuries (broken arm) on May 8, 1985 . Plaintiffs alleged Mrs . Weins tripped over a bench at Como Park (Large Cat Exhibit) which was defectively designed, constructed and maintained by the City. The City denied plaintiffs ' allegations claiming, alternatively, that Mrs. Weins' negligence was the cause of her fall or that her injuries resulted from the negligent designed of the bench by Rafferty, Rafferty, Mikutowski & Associates, Inc. This office has investigated plaintiffs ' allegations. From this investigation this office, while concluding that there was no negligence by the City, determined that a jury could conceivably find some negligence by the City. To eliminate the uncertainty of an adverse jury verdict, particularly considering the injury (broken arm) in this case, this office recommends the City settle any potential exposure it has by agreeing to pay plaintiffs $2, 000, which they have agreed to accept. (Rafferty has agreed to pay $5, 300 to settle claims made against it) . WAB:paw enc. cc. Mayor ' s Office Edward Starr