84-1417 WHITE - CITV CLERK
PINK - FINANCE GITY OF SAINT PAITL Council
CANARY - DEPARTMENT L��f/'
BLUE - MAVOR File NO. • /�/� -
�
Council Resolution
Presented By
Referred To Committee: Date
Out of Committee By 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
09070-511-000 to Mary R. Anderson and Donald R. Anderson the sum
of $1,200 .00 in full settlement of their claim for damages sustained
February 26, 1981, as a result of a fall on the sidewalk, by Mary R.
Anderson, located at the intersection of North Hazel and Clear
Avenues, St. Paul.
COUNCILMEN Requested by Department of:
Yeas Nays �
-Flstei+s�` F�,Y�tf.�J
g'""` In Favor
Masanz
Nicosia
, scnetbei __ Against BY
Tedesco
Wilson
Adopted by Council: Date DCT 18 1984 Form Approved by City Attorney _
Certified Yas b uncil Sec ar B
gy,
Appr by Nlavor. at • CT �b 198�r Approved by Mayoc for Submission to Council
By - BY
FUBLIS�tED NOV 3 1984
� . • �,r �y-�y��
� A����=� o, , CITY OF SAINT PAUL
e �� OFFICE OF THE CITY ATTORNEY
r i=�����" a g EDWARD P. STARR, CITY ATTORNEY
o• "�
�u��.� 647 City Hall,Saint Paul,Minnesota 55102
612-298-5121
GEORGE LATIMER
MAYOR
M E M O R A N D U M
TO: Members of the City Council
FROM: Karla F. Bathke ��
Assistant City Attorney
DATE: October 5, 1984
RE: Claim against the City of St. Paul
by Mary R. and Donald R. Anderson
This is a request for the sum of $1, 200. 00 for complete settlement
of the tort claims of the above-named inidividuals.
The plaintiff Mary R. Anderson was claiminq damages for injuries
to her right knee when she tripped over a raised sidewalk panel
on the northside, 1800 block of Clear Avenue, on February 26,
1981. Mrs. Anderson suffered a broken tibia, spent six weeks in
a full leg cast and two more weeks in a half-leg cast. She spent
a total of approximately three months on crutches. Part of Mrs .
Anderson' s claim was for medical expenses in the amount of $456 . 64
and lost wages in the amount of $1, 728 .
The area of sidewalk in question runs adjacent to Hayden Heights
Elementary School. At least one school employee was prepared
to testify that in some areas the differential between sidewalk
panels was approximately 22 inches. The areas in question were
filled in with blacktop later in 1981, and the sidewalk panels
were completely replaced in 1984 .
Costs which would have been incurred by the City at trial include
$500 for the testimony of Dr. Michael Kosiak, who conducted an
adverse medical examination of Mrs. Anderson and $100 per hour
for the testimony of an expert witness, Professor E. Succoff, re-
garding the tree roots on Clear Avenue and Their effect on the
sidewalk.
Just three weeks prior to trial, plaintiffs were demanding the sum
of $45, 000 . The co-defendant, Independent School District No. 625,
settled its portion of the claim for $2 , 000 . Under these circumstances,
I believe the sum of $1, 2000 is a reasonable settlement amount.
KFB:paw
attach.
cc . Mayor' s Office