85-1688 WHITE - CITV CLERK
PINK - FINANCE GITY OF SAINT PALTL Council
CANARV - DEPARTMENT Jy(
BLUE - MAVOR File NO. �� /��+
C � i olution .
Presented By � �
Referred To Committee: Date
Out of Committee By Date
RESOLVED, tha�t upon execution and delivery of a release in
full to �the City of Sain� Paul, ��he proger City officezs are hereby
au-ci�orizeci �nd directed Lo pay out of the Tort Liabili�y Fund
09070-511°000 �to Lxecutive Life Insurance Corrlpany -�he sum of
533 , 259 . 04 and to Gary ri. Gerlach, as parent ancx natural
quardian of Jeffrey Gerlach, and �heir at�orney, S-teven �:irsch
rhe sum of $9, 740 .96, in full se�tlemen� of -cineir clain� for dar�ages �
sustained P.pril 5, 1984, to �ef_frey Gerlach as a result o� a floor
hockey game a't �erriam Park �2ecrea�ion Center. �
COUNC[LMEN Requested by Department of:
Yeas Drew Nays
Masanz � (n Favor
Nit�sia
Scbeibel gj
Sonnen Against BY
Tedesco
W i Ison �
Adopted by Council: Date DEC 2 4 1985 Form Approved by City Attorney
Certified Ya s d y ouncil Se tar B
B�
t�pp by Mavor: at
• C ��j Approved by Mayor for Submission to Council
g By
P'��,���-��� �'�'��'�? `1 1Q��-
. � ��--�� I��'
�♦��,== o, , CITY OF SAINT PAUL
OFFICE OF THE CITY ATTORNEY
� liii�ii°ii '�
�• ���. EDWARD P. STARR, CITY ATTORNEY
`�v��,� 647 City Hall, Saint Paul,Minnesota 55102
612-298-5121
GEORGE LATIMER
MAYOR
b1 E M O R A N D U b1
TO: Members of the City Council
FROM: Frank E. Villaume, III � �
Assistant City Attorney "2
DATE: December 11, 1985
RE: Claim against the City of Saint Paul
by Jeffrey Gerlach
This claim arises from a city-sponsored floor hockey tournament
during which a participant was injured when struck in the eye.
On April 5, 1984, Jeffrey Gerlach was 15 years old. He and some
friends were invited to form a team and compete in a floor hockey
tourney at the Merriam Park Recreation Center. During the game
an opposing player shot the puck which rose up off the floor striking
Gerlach in the left eye. He suffered a permanent injury to the
left eye, including a central blind spot involving the central
vision and reducing his vision to counting fingers . He has lost
the ability to see clearly with his left eye both at distance
and near making that eye incapable of reading or careful fixation.
There is no known treatment or cure for this condition.
He was hospitalized for approximately 10 days, first at St. Paul
Ramsey Hospital and later at Children' s Hospital . He was treated
conservatively with bed rest and medication. His medical expenses
are approximately $3, 839 . 78 .
It is the plaintiff ' s claim that the City should have required
players to wear protective eye wear. This is based on several
theories, including notice of other injuries to and near the eye
and a similarity to ice hockey where protection is mandatory.
It is the City' s contention that the game is traditionally played
without eye protection, that the plaintiff was aware that there
were some risks associated with the sport and he was free, if he
chose, to wear eye protection.
The City has proposed settlement of the claim for $43, 000 and it
has been accepted by the plaintiff and his attorney. The balance
of the settlement proceeds after fees and expenses will be used
to purchase an annuity to provide periodic payments to the plaintiff
from age 25 through age 50 . Because the plaintiff is a minor,
the settlement will also have to be approved by the District Court.
Our office recommends approval of the settlement by this Council .
FEV:paw
enc.
cc . Mayor ' s Of f ic:e