84-1531 WHITE - CITV CLERK
PINK - FINANCE GITY OF SAINT PAUL Council ///���
CANARV - OEPARTMENT �/� /��/
BLUE - MAVOR File NO. 'T'
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C u cil so tion
Presented By
Referred To Committee: Date
Out of Committee By Date
WHEREAS, the City has reached an agreement to settle the
case of Selma Darsow vs . MTC and Civic Center Authori�y; and
WHEREAS, the terms of said settlement resulted in the
formation of a Trust Agreement between the City of Saint Paul
and Robert Slama, Trustee; and
WHEREAS, pursuant to said Trust Agreement, the City of
Saint Paul is to pay to said Rober� Slama, as Trustee, the sum
of $225. 00 per month commencing the lst day of November, 1984,
with monthly payments in said sum of $225. 00 continuinq on a
monthly basis thereafter during the remainder of the life of
Selma Darsow; and
WHEREAS, a further element in the settlement reached in
this matter was the formation of an Escrow Agreement dated
October 26, 1984 ; and
WHEREAS, pursuant to the terms of said Escrow Agreement
the City of Saint Paul is to pay to Wal�er A. Wietzke in his
representative capacity as Escrow Agent the sum of $17, 000 . 00
�to be administered pursuant to the terms of saia Escrow Agreement;
now, iherefore, be it
RESOLVED, that �he proper City officers are directed to pay
from the Tort Liability Fund, 09070-511-000, the sum of $17, Q00 . 00,
payable to Walter A. Wie�zke, Escrow Agent, and the sum of $225. 00
per month commencinq November 1, 1984 to Robert Slama, Trustee.
COUNCILMEN
Yeas N ys Requested by Department of:
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Masanz
� In Favor
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Scheibel � __ Against BY
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NQV 8 — �8�} Form Appr v by City tt e
Adopted by Council: Date
Certified a. • y Council , t BY
By Q
t�ppr Mavor: Dat 19U� Approved by Mayor for Submission to Council
By BY
��iB�a�;��►� i`��V 17 1984
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CITY OF SAINT PAUL
� ° OFFICE OF THE CITY ATTORNEY
; a�:,
�� _���������� ��� EDWARD P. STARR, CITY ATTORNEY
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?`0�f„�,. � 647 City Hall, Saint Paul,Minnesota 55102
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612-298-5121
GEORGE LATIMER
MAYOR
October 23 , 1984
M E M O R A N D U M
TO: Members of the C � Council
FROM: Edward P. Starr
City Attorney
RE: Selma Darsow v. MTC, City of Saint Paul
and Civic Center Authority
Selma Darsow, Age 75, was severely injured in an accident that
occurred July 21, 1976 . She had gotten off of an MTC bus on
Fifth Street adjacent to the St. Paul Civic Center and somehow
fell underneath the bus as it pulled away from the curb and
was run over by the bus, losing one arm and one leg.
Although the sidewalk in the area where Mrs . Darsow probably
fell under the wheels of the bus was in rough condition, there
really was no proof as to exactly how the accident happened.
Mrs . Darsow herself cannot recall any facts surrounding her
accident. Potential liability against the City for this
accident is very slight. However, the damages were so severe
that if a jury wanted to sympathize with a nice old lady with
only one arm and one leg, the resulting verdict could be sub-
stantial . In view of that possibility, a settlement was
negotiated with the Metropolitan Transit Commission to share
the expense of a settlement.
The City' s share is to be paid by $17, 000 paid to Walter A.
Wietzke as escrow agent for future distribution, and $225 per
month for life in a structured settlement. Further details
are available upon request.
EPS: jr