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PINK - FINANCE �. C,';
CANARV - DEPARTMENT G I TY OF SA I NT PAIT L �
BLUE - MAVOR File NO•
Council Res lution
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Presented By ���/' �� �� ��'�'Z�
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Referred To Committee: Date
Out of Committee By Date
RESOLVED, tha.t 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 the Metropolitan Transit Commission the
sum of $1, 100.00 in full settlement of their claim for damages
sustained Janua.ry 26, 1981, when its bus struck a depression
in the street at or near 1544 Timberlake Road, Saint paul.
COUNC[LMEN Requested by Department of:
Yeas Nays
Fletcher
'k°"�""G��-�S [n Favor
Masanz
Nicosia
Scheibel _ __ Against BY -
Tedesco
Wilson
�„�nv � � �Q83 Form Approved by City Attorney
Adopted by Council: Date —LItlLl �+ "'
Certified P s•ed Council S et BY
gy,
�1 rov by 17avor: D t MA�6 1983 Approved by Mayor for Submission to Council
B BY
�'UBL►St�E� M;AY N �i 1983
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4�1== o, CITY OF SAIN11' PAUL
;R0 0 '� OFFICE OF THE CITY ATTORNEY
� ""�����" c EDWARD P. STARR, CITY ATTORNEY
m �
+,,. 647 City Hall, Saint Paul, Minnesota 55102
612-298-5121
GEORGE LATIfvlER
MAYOR
M E M 0 R A N D U M
T0: Members of the City Council
FROM: Lawrence J. Hayes, Jr. ��(��''
Assistant City Attorney
DATE: April 29, 1983
RE: Claim against the City of Saint Paul by
the Metropolitan Transit Commission
The City was sued because of a one-car accident which occurred
on January 26, 1981 in the vicinit of 1544 Timberlake Road
(between Klainert and Bigelow Lane�. The Water Utility did some
work in the area which caused the depression. Sandra Hoeft,
an employee of the Metropolitan Transit Commission, was injured
as a passenger. Ms. Hoeft s�u.ed the City of St. Paul as did MTC.
Beryl Nord moved for summary judgment as to both MTC and Ms.
Hoeft, arguing that their claims for personal injury compensation
were barreci by Minn. Stat. 466.03. This statute provides that
municipalities are immune from liability for any claim of personal
injury where the person is covered by the workers ' com�ensation
act. Judge Godfrey granted the motion as to both parties and
then personal injury claims were dismissed.
Ms. Nord offered to settle MTC's property damages of $1,090 by
payment of $1, 100. MTC's attorney Howard Carp contacted me and
indicated tha.t he would settle his case based on our offer.
This office approves the settlement of this ma.tter for $1,100.
LJH:paw
attach.
cc. Greg Haupt
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