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
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' •s�'��"� CITY OF SAINT PAUL
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�o � OFFICE OF 7HE CITY ATTORNEY
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,,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