280148 WHITE - CITV CLERK COUIICII ��.���./
PINK - FINANCE G�ITY OF SAINT 1,AUL �
CANARV - DEPARTMENT
BLUE - MAVOR File NO.
Co ncil eso ution
Presented By
Referred To Committee: Date
Out of Committee By Date
RESOLVED, that upon execution andc�livery 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 Kenneth Born the sum of $7,500.00
in full settlement of his claim for damages and injuries sustained
August 21, 1979, as a result of an accident involving a City
vehicle at or near White Bear Avenue and East Third Street.
APPROVED: - �-�� (y��
r
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Ju ge o Ramsey unty �Di rict Court
COUNCIL�iEN Requested by Department of:
Yeas Nays �
letcher Fletcher
vin In Favor
M s z Galles
Ni ia Masanz �
S 'bel Nicosia � - __ Against BY —
T de o �
ilson Scheibsl
Tedest0 Form Approved by City Attorney
Adopted by Council: W��� Da�e APR 7 1983
Certified ss d b Counc' ec BY
By,
�pp by ;Vlavor. • �rR S ���� Approved by Mayor for Submission to Council
By — BY
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s�lTTO. CITY OF SAINT PAUL
;R� 'y OFFICE OF THE CITY ATTORNEY
p ��ii'i ii'ii �
m „ EDWARD P. STARR, CITY ATTORNEY
+ae• 647 City Hall, Saint Paul, Minnesota 55102
612-298-5121
GEORGE LATIMER
MAYOR
M E M 0 R A N D U M
T0: Members of the City Council
FROM: Paulette K. Flynn �
Assistant City Attorne�
DATE: March 29, 1983
RE: Claim against the City of Saint Paul
by Kenneth Born
On August 21, 1979 , plaintiff Kenneth Born was a passenger in
a bus which was struck by a Public Works ' truck. The issue of
liability has already been determined at a prior trial and it
was decided at that time that the City of Saint Paul was 100%
liable. This case was scheduled for trial on Ma.rch 24, 1983 ,
and the only issue was the amount of damages we should pay Mr.
Born. Mr. Born complained of an injured neck and the ri ght
side of his chest and subsequent shoulder problems as well.
After initially consulting with his own family doctor, he decided
to see a chiropractor. He saw him on a regular basis up until
June of 1982. The total chiropractic bills amounted to $2,644.
In addition, he incurred another $210 for another chiropractor,
$25.50 to his private physician, $95 to a consulting physician
who was referred by the chiropractors and $225 to his dentist
for repair of his teeth. This is a total of $3,199.50. He had
a minima.l wage loss claim of $224.
One doctor stated that he had a permanent partial disability of
th.e cervical spine in the amount of 15% in addition to a 15%
permanent partial disability of the right shoulder which he
believed was causally related to the accide t Another doctor
hired by the defense would testify that he �ic� not have any
permanent disability.
Prior to the incurring of additional expenses in deposing the
various doctors for trial, it was deemed advisable to settle
the case. Therefore, this case has been settled in the amount
of $7 ,500.
PKF:paw
attach.
cc. Greg Haupt
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