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00-112aR1G1NAL Presented By Referred To Council File # � p ��� ^� Green Sheet # 101055 l9 Committee: Date RESOLVED, 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 09070-0511 to Jacqueline Rogers the sum of $30,000.00 in full settlement of her claim for damages sustained August 15, 1997, as a result of an accident with a city-owned vehicle at ar near Minnehaha and Dale Streets; said accident having resulted in the death of her 17-year old daughter, Jacqueline McClellan. ....• � � ✓ of IZamsey C� District Court Requested by Department of: BY � � �-._ d- . 1' � Approved by Mayor _ Date By: RESOLUTION CITY OF SAINT PAUL, NIINNESOTA Sii.ii_ . = ��,�1� Formlipproved by �i y Attorn� 0 BY� YI/� �l/� Approv Mayor £or Sub�sion to Council By: i. !/( Adopted by Council: Date ��.�a Adoption Certified by Council Secretary �-ll�- City Attorney vas�oo ( GREEN SHEET No10;0�5 Dale A. Hansen, 266-8774 on..ne�r o.�ort AaE161/ MA� FOR ❑ b1YAiipeEY � tlnuillR � ROVfWG � R1�11CI4LaFANCFSON. AV111fLIlaBMKRo � MYdeloRYaRM11) �� ❑ TOTAL � OF SIGNATURE PAGES (CLIP ALL I.00ATtONS FOR SIGNATURE) Approval of resolution settling the claim of :Tacqueline Rogers against the City of St. Paul as'_a_result of an accident involving a city-owned vehicle; said accident resulted in the death of her daughter, Jacqueline McClellan. w PLANNING COMMISSION C{BCAMMITfEE CIVIL SERVICE COMMISSION Hes ihie persaMrtn e+er xarked urNel a� tarttds aepaNnenn YES NO Fias Vi�s Pe�sorvFfm r+er heaf e cAy emybyee7 YES NO Oaes this P�rm poaeese a sidll not normal�YO� M�Y ��� �Y �WoY�? YFS NO Is thia P�aoMfilm a tarpeted veMoYt YES td0 Jacqueline McClellan, 17-yeazs old at the time, was kilied in a motor vehicle accident at the intersection of Minnehaha and Dale Streets in the City of Saint Paul on August 15,1997. McClellan was riding as a passenger in an automobile driven by her cousin Christian Edwards. The other vehicle involved was a pickup truck owned by the Citv of Saint Paul Department of Public Works ��at9��n by City,employee Lawrence Moryn. The accident was proximately and primarily caused by Edwards's ruruiing a red light� McClellan's mother, Jacqueline Rogers, was duly appointed as trustee far McClellan's next-of-kin to pursue the potential wrongful death claim arising from McClellan's death. Rogers, via her �dwari�s s insurer offered its liability limits of $30,000.00. Based upon the very reasonable likelihood that a jury at trial would apportion 5%-10% of the liability for the accident to the Caty's (LJIlVI) carrier substituted its draft. The substitution negated Rogers's agreement with the insurer and �TRANSACTIONS �O OOO.00 COET/REVENU6BUD6ETE0(CIRCLEON� _ (YEE � NO ��� Tort 'Liability ACTNRYNUMeER 09070 �NFOw.a7toN (E�wM �r ��S'��S^h t`c-^.4:*.P .. . _.. , . � D o —��,y A mediation was held. The UIIv1 carrier recognized the large percentage of fault on Edwards and its concomitant responsibilityto coverthe majority ofthe loss suffered by McCielian's next ofkin. The LJIM carrier agreed to pay $90,000.00 ofits $100,000.001imits. Edwards's insurer again agreed to pay its liability lunits of $30,000.00. The City agreed to increase its offer to $30,000.00, which was accepted. Thus, the case was settled. The City has agreed to pay $30,000.00 out of a total recovery of $150,000.00. aR1G1NAL Presented By Referred To Council File # � p ��� ^� Green Sheet # 101055 l9 Committee: Date RESOLVED, 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 09070-0511 to Jacqueline Rogers the sum of $30,000.00 in full settlement of her claim for damages sustained August 15, 1997, as a result of an accident with a city-owned vehicle at ar near Minnehaha and Dale Streets; said accident having resulted in the death of her 17-year old daughter, Jacqueline McClellan. ....• � � ✓ of IZamsey C� District Court Requested by Department of: BY � � �-._ d- . 1' � Approved by Mayor _ Date By: RESOLUTION CITY OF SAINT PAUL, NIINNESOTA Sii.ii_ . = ��,�1� Formlipproved by �i y Attorn� 0 BY� YI/� �l/� Approv Mayor £or Sub�sion to Council By: i. !/( Adopted by Council: Date ��.�a Adoption Certified by Council Secretary �-ll�- City Attorney vas�oo ( GREEN SHEET No10;0�5 Dale A. Hansen, 266-8774 on..ne�r o.�ort AaE161/ MA� FOR ❑ b1YAiipeEY � tlnuillR � ROVfWG � R1�11CI4LaFANCFSON. AV111fLIlaBMKRo � MYdeloRYaRM11) �� ❑ TOTAL � OF SIGNATURE PAGES (CLIP ALL I.00ATtONS FOR SIGNATURE) Approval of resolution settling the claim of :Tacqueline Rogers against the City of St. Paul as'_a_result of an accident involving a city-owned vehicle; said accident resulted in the death of her daughter, Jacqueline McClellan. w PLANNING COMMISSION C{BCAMMITfEE CIVIL SERVICE COMMISSION Hes ihie persaMrtn e+er xarked urNel a� tarttds aepaNnenn YES NO Fias Vi�s Pe�sorvFfm r+er heaf e cAy emybyee7 YES NO Oaes this P�rm poaeese a sidll not normal�YO� M�Y ��� �Y �WoY�? YFS NO Is thia P�aoMfilm a tarpeted veMoYt YES td0 Jacqueline McClellan, 17-yeazs old at the time, was kilied in a motor vehicle accident at the intersection of Minnehaha and Dale Streets in the City of Saint Paul on August 15,1997. McClellan was riding as a passenger in an automobile driven by her cousin Christian Edwards. The other vehicle involved was a pickup truck owned by the Citv of Saint Paul Department of Public Works ��at9��n by City,employee Lawrence Moryn. The accident was proximately and primarily caused by Edwards's ruruiing a red light� McClellan's mother, Jacqueline Rogers, was duly appointed as trustee far McClellan's next-of-kin to pursue the potential wrongful death claim arising from McClellan's death. Rogers, via her �dwari�s s insurer offered its liability limits of $30,000.00. Based upon the very reasonable likelihood that a jury at trial would apportion 5%-10% of the liability for the accident to the Caty's (LJIlVI) carrier substituted its draft. The substitution negated Rogers's agreement with the insurer and �TRANSACTIONS �O OOO.00 COET/REVENU6BUD6ETE0(CIRCLEON� _ (YEE � NO ��� Tort 'Liability ACTNRYNUMeER 09070 �NFOw.a7toN (E�wM �r ��S'��S^h t`c-^.4:*.P .. . _.. , . � D o —��,y A mediation was held. The UIIv1 carrier recognized the large percentage of fault on Edwards and its concomitant responsibilityto coverthe majority ofthe loss suffered by McCielian's next ofkin. The LJIM carrier agreed to pay $90,000.00 ofits $100,000.001imits. Edwards's insurer again agreed to pay its liability lunits of $30,000.00. The City agreed to increase its offer to $30,000.00, which was accepted. Thus, the case was settled. The City has agreed to pay $30,000.00 out of a total recovery of $150,000.00. aR1G1NAL Presented By Referred To Council File # � p ��� ^� Green Sheet # 101055 l9 Committee: Date RESOLVED, 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 09070-0511 to Jacqueline Rogers the sum of $30,000.00 in full settlement of her claim for damages sustained August 15, 1997, as a result of an accident with a city-owned vehicle at ar near Minnehaha and Dale Streets; said accident having resulted in the death of her 17-year old daughter, Jacqueline McClellan. ....• � � ✓ of IZamsey C� District Court Requested by Department of: BY � � �-._ d- . 1' � Approved by Mayor _ Date By: RESOLUTION CITY OF SAINT PAUL, NIINNESOTA Sii.ii_ . = ��,�1� Formlipproved by �i y Attorn� 0 BY� YI/� �l/� Approv Mayor £or Sub�sion to Council By: i. !/( Adopted by Council: Date ��.�a Adoption Certified by Council Secretary �-ll�- City Attorney vas�oo ( GREEN SHEET No10;0�5 Dale A. Hansen, 266-8774 on..ne�r o.�ort AaE161/ MA� FOR ❑ b1YAiipeEY � tlnuillR � ROVfWG � R1�11CI4LaFANCFSON. AV111fLIlaBMKRo � MYdeloRYaRM11) �� ❑ TOTAL � OF SIGNATURE PAGES (CLIP ALL I.00ATtONS FOR SIGNATURE) Approval of resolution settling the claim of :Tacqueline Rogers against the City of St. Paul as'_a_result of an accident involving a city-owned vehicle; said accident resulted in the death of her daughter, Jacqueline McClellan. w PLANNING COMMISSION C{BCAMMITfEE CIVIL SERVICE COMMISSION Hes ihie persaMrtn e+er xarked urNel a� tarttds aepaNnenn YES NO Fias Vi�s Pe�sorvFfm r+er heaf e cAy emybyee7 YES NO Oaes this P�rm poaeese a sidll not normal�YO� M�Y ��� �Y �WoY�? YFS NO Is thia P�aoMfilm a tarpeted veMoYt YES td0 Jacqueline McClellan, 17-yeazs old at the time, was kilied in a motor vehicle accident at the intersection of Minnehaha and Dale Streets in the City of Saint Paul on August 15,1997. McClellan was riding as a passenger in an automobile driven by her cousin Christian Edwards. The other vehicle involved was a pickup truck owned by the Citv of Saint Paul Department of Public Works ��at9��n by City,employee Lawrence Moryn. The accident was proximately and primarily caused by Edwards's ruruiing a red light� McClellan's mother, Jacqueline Rogers, was duly appointed as trustee far McClellan's next-of-kin to pursue the potential wrongful death claim arising from McClellan's death. Rogers, via her �dwari�s s insurer offered its liability limits of $30,000.00. Based upon the very reasonable likelihood that a jury at trial would apportion 5%-10% of the liability for the accident to the Caty's (LJIlVI) carrier substituted its draft. The substitution negated Rogers's agreement with the insurer and �TRANSACTIONS �O OOO.00 COET/REVENU6BUD6ETE0(CIRCLEON� _ (YEE � NO ��� Tort 'Liability ACTNRYNUMeER 09070 �NFOw.a7toN (E�wM �r ��S'��S^h t`c-^.4:*.P .. . _.. , . � D o —��,y A mediation was held. The UIIv1 carrier recognized the large percentage of fault on Edwards and its concomitant responsibilityto coverthe majority ofthe loss suffered by McCielian's next ofkin. The LJIM carrier agreed to pay $90,000.00 ofits $100,000.001imits. Edwards's insurer again agreed to pay its liability lunits of $30,000.00. The City agreed to increase its offer to $30,000.00, which was accepted. Thus, the case was settled. The City has agreed to pay $30,000.00 out of a total recovery of $150,000.00.