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� �
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Appr by 1Aavor: Dat ` '�� � �-' ����j Approved by Mayor for Submission to Council
By
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+���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