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85-1290 WHITE - CITV CLERK - PINK - FINANCE G I TY OF SA I NT PAU L Council /� CANARV - OEPARTMENT . F1I@ NO. �� /`���� BLUE - MAVOR COZI CZl 0 tZ0 Presented By Referred To Committee: Date Out of Committee By Date RFSOLVED, that upon execution and delivery of a Release in full to the City of Saint Paul, the proper City officers are hereby authorized and directed to pay out of the Tort Liability Fund 09070-511-000 to Lisa Parker the sum of $9, 500 . 00 in full settle- ment of her claim for damages sustained December 30, 1983, as a result of a fall at or near Selby and Oxford, Saint Paul, Minnesota. A P P R O V E D: Judge of District Co rt COUNCILMEN Requested by Department of: Yeas Nays � Drew M�"Z [n Favor Nicosia f Scheibel �/ Sonnen A gainst BY F�a W i Ison SEP 2 4 1985 Form Approved by City Attorney Adopted by Council: Date Certified I a� Council S� � B5' �. ��� :- F �. Appr by 1Aavor: Dat ` '�� � �-' ����j Approved by Mayor for Submission to Council By �i:v!�S�c:� �,'� # .., ���'S , . �C � �.�--��y� ,. . +���T* �.. CITY OF SAINT PAUL o '.� OFFICE OF THE CITY ATTORNEY '� uii'ii'ii �� �,. „� EDWARD P. STARR, CITY ATTORNEY �`'r���,s� 647 City Hall, Saint Paul, Minnesota 55102 612-298-5121 GEORGE LATIMER MAYOR September 12, 1985 To : Members of the City Council From: Karla F. Hancock k_�"�'�` Re : Lisa M. Parker v. City of St . Paul The above matter is being dismissed by plaintiff in return for the City' s payment of $9 ,500. 00. Ms . Parker sued alleging that the City' s failure to shovel and otherwise maintain the sidewalk on Selby at Oxford on December 30 , 1983 . Ms . Parker fell while trying to walk on the sidewalk, which had not apparently, been shoveled all season. Ms . Parker sustained a fractured ankle which required surgery and metal pins to correct . She underwent physical therapy thereafter . She also was unable to work for a period giving rise to a claim for lost wages . Her doctor, an orthopedist, gives her a 10% permanent nartial disability rating as regards the ankle . Her medical expenses were approximately $4, 500. 00. The area of the fall is in front of a vacant lot being purehased under a contract for deed. Evidently, no one owning the lot had assumed any responsibility for shoveling. Up to the date of Ms . Parker' s fall there was in excess of 50 inches of seasonal snowfall. There was , however, no snowfall for the 3 days immediately preceding her fall . On December 16 , 1983 , the City �Mayor' s Complaint Office�, received a complaint of an unshoveled sidewalk at this location. 'The complaint was forwarded to Housing Code for inspection. The premises were inspected and it was determined the walk indeed needed shoveling. On January 5 , 1984, a copy of the complaint indicates it was deter- mined to send a notice to the vacant lot owner to shovel . On January �3 , 1984, it was decided that public works should shovel the walk. . , � ,' ' • �i��'� ` ��1rd Members of the City Council Page Two September 12, 1985 On January 16, 1984, public works received the sidewalk complaint . They returned it to Housing Code for a legal description of the property for billing purposes and public works got this information on January 23 , 1984. On February 3, 19$4, public works shoveled the sidewalk. This was evidently the first time the walk was shoveled that winter. Because of the seriousness of plaintiff' s injury, the damaging sidewalk photographs in her attorney' s possession and because the walk didn't get shoveled until 1-1/2 months after the complaint was received, it is the opinion of the claims committee that the sum of $9 ,500. 00 is f�.ir and likely less than a jury might award. KFH:paw attach. cc. Ed Starr Mayor ' s Office