84-1459 WH17E - CITV CLERK
PINK - FINANCE GITY OF SAINT PAITL Council (//y� [��/
CANARV - DEPARTMENT File NO• V �-/• ��
BLUE - MAVOR
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C u�t il Res ti
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 St. Paul, the proper City Officers are hereby
authorized and directed to pay ou� of the Tort Liability Fund
09070-511-000 to Edward L. Brink and Bernice Brink the sum of
$1, 000 . 00 in full settlement of their damage for damages sustained
August 7, 1981, to Edward L. Brink when he tripped over a curb-type
tree planter outside the Fifth Street entrance to the Landmark Center.
COUNCILMEN Requested by Department of:
Yeas ��r�ays �
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Drew In Favor
Masanz
Nicosia
scnetbet __ Against BY
Tedesco
Wiison
J CT 2 5 �gg� Form Approved by City Attorney
Adopted by Council: Date
Certified Pa. • ounc.il Se ry BY
By
O�-�,�—�(�Cj 2 5 �9 Approved by Mayor for Submission to Council
Approved by iN vor: ate — �
BY � BY
PUBLiSHED �Ov 3 1984
,�_ . . . . ����. ���a
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h���,== o, , CITY OF SAINT PAUL
- OFFICE OF THE CITY ATTORNEY
� iiii�i 1 ii '�
EDWARD P. STARR, CITY ATTORNEY
��s �°�
�QQn�.� 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 Counsel
FROM: Karla F. Bathke �i�''
Assistant City Attorney
DATE: October 15, 1984
RE: Claim against the City of Saint Paul
by Edward and Bernice Brink
The memorandum is to request the sum of $1, 000 as and for complete
settlement of the claims of Edward L. Brink and Bernice Brink.
Mr. Brink was injured on August 7 , 1981, when he tripped over a
curb-type tree planter outside the Fifth Street entrance to the
Landmark Center. He fell forward, landing on his left shoulder,
fracturing it. His doctor, Dr. Birkebak assessed Mr. Brink as
having a 20� permanent disability of the left upper extremity.
At our request, Mr. Brink was examined by Dr. John Dowdle, another
orthopedist. Dr. Dowdle also determined Mr. Brink to have a 20�
permanency.
According to Mr. Brink' s counsel, it was their intention to offer
expert testimony at trial on October 29 , 1984 , that the curb-type
planter was dangerous, by creating a tripping hazard in the walkway.
Testimony which would have been offered to controvert this would
hopefully have established that this type of planter is only used
on walkways which are wide enough to accommodate the tree and
leave sufficient room for pedestrians. Also, one factor which
determined its selection was a safety consideration, namely the
presence of the curb "announces" to the public that the tree is
there, thus preventing someone from walking into the tree or injury
to face or eye.
Prior to acceptance of the $1, 000 settlement offer, plaintiff ' s
demands were for $21, 500 and $16, 000 respectively.
KFB:paw
attach.
cc. Mayor ' s Office