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85-1682 WHITE - CITV CLERK PINK - FINANCE GITY OF SAINT PAUL Council � J��a � � CANARV - DEPARTMENT Flle NO• BLUE - MAVOR Cou ci R sol ion Presented By Referred To_ Committee: Date Out of Committee By Date �ESULVED, that pur�uant to the Order Approving Settlement of �he District Coux-c, the proper City officers are hereby authorized and directec� 'co pay out of �.he Torz Liabili�ty Fund 09070-511°000 to Anthony ualdez, as parent and na�ural guardian of 5unnie Lyn Valdez, a rninor, and his at�torney, vohn E. Gilsdorf, �the sum of $11, 000 . 00 in full set-tlement of hi� CZF�1TIl foz damages sus�i�ained ,?anuary 11, 1934 , as a result of an automobile accident involving _ a St. Paul police sauad car at or near University and Arundel in St. �'aul. COUNCILMEN � Requested by Department of: Yeas Nays � Drew Masanz [n Favor Nicosia Scheibel ,�c� Sonnen �� _ A gainst BY Tedesco W i Ison DEC 1 g 1985 Form Approved by City ttorney Adopted by Council: Date Certified Pa: d ouncil ret B By Approv Mavor: Date - DEC 2 3 �985 Approved by Mayor for Submission to Council B BY PUC�1�a;3�!� ^�..r , � 1:3�5 r���� �� �� �a . . ��� 1 a �� �� �� ��� ���_•�, ���`� cG.����� oF�IC� CITY OF SAINT PAUL o" '�� � � ��'�'°��-� ����p�• OFFICE OF THE CITY ATTORNEY �,+ _�����" �� EDWARD P. STARR, CITY ATTORNEY ,• ,`0'+��.� 647 City Hall,Saint Paul,Minnesota 55102 612-298-5121 GEORGE LATIMER MAYOR MEMORANDUM TO: Members of the City Council FROM: Frank E. Villaume, III�'�f� Assistant City Attorney DATE: December 9, 1985 RE: Claim against the City of Saint Paul by Sunnie Lyn Valdez This claim arises from an automobile/pedestrian accident that took place on January 11, 1984 at the intersection of University Avenue and Arundel Street. At that time plaintiff Sunnie Lyn Valdez was 8 years old and resided with her father and siblings. She was attempting to cross University Avenue from south to north on the east side of Arundel when she was struck by a squad car driven by St. Paul Police Officer Dennis Meyer, who was traveling in an easterly direction in the center most lane. Both Officer Meyer and Ms. Valdez have admitted that they did not see the other before the impact. There were three witnesses to the accident. Two women driving east on University claim that Officer Meyer was not paying attention to his driving at the time of the accident. A woman driving west bound says she saw Ms. Valdez standing on the corner and at looked as if she was about to run into the intersection. This witness believes the plaintiff ran into the side of the patrol car, although she did not see the actual impact. An accident reconstructionist retained by the plaintiff concluded that if Officer Meyer had seen Ms. Valdez as she stepped off the curb he would of had sufficient time to stop before impact. The plaintiff was treated at St. Paul Ramsey Hopsital for a mid- shaft fracture of her left femur. There were no other associated injuries of any significance. It was her physician' s opinion that she will make a complete recovery. Her medical expenses were approximately $9, 000 . The City has agreed to pay the sum of $11, 000 in full and final settlement of all claims. Minor settlements must also be approved by the District Court and a Motion to consider that request is scheduled for December 18 . Our office recommends approval of the settlement. FEV:paw enc. cc. Mayor ' s Off ice