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280326 WHITE — CITY CLERK . i�r�. �'�_a�`�� PINK — FINANCE GITY OF SAINT PAUL COUIICIl CANARV — DEPARTMENT BLUE — MAVOR File NO. ouncil es lution - � . 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 Hart Johnson the sum of $45,000 in full settlement of his claim for damages sustained June 11, 1980, as a result of an injury he sustained while playing baseball at McKnight Field. A P P R 0 V E D: e o is r COUNCIL� N Yeas � Na Requested by Department of: Fle ch y��' � �ev F}S c�Ftes In Favor M nz Masa�z ,� che ei '�'�`"e' _ __ Against BY — Tedes o Sche�bel �� Tedesco -�� MAY 17 1983 Form Approv d by C' ey Adopted by Council: Date Certified F s e Counc' , cre B Bl' E1pp d by ;Navor: • — �aY 18 1 83 Approved by Mayor for Submission to Council Bv - - — BY � PUBUSt�E� f�WY � $ 1983 . �c������� t�l==�. CITY OF SAINT PAUL ;�g o '� OFFICE OF THE CITY ATTORNEY m �iii'iii�i � m „ EDWARD P. STARR, CITY ATTORNEY +,,. 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: Jeffrey G. Stephenson ���"' " Assistant City Attorney DATE: Ma.y 4, 1983 RE: Claim against the City of Saint Paul by Hart Johnson The plaintiff in this case is a 19 year old college freshman who on June 11, 1980, was a sophomore in high school playing baseball for his American Le�ion team. The game in question was played at the McKnight Field located in North St. Paul. Through arrangements with the Municipal Athletics section of the Parks Department, the City of St. Paul supplied umpires to this and other American Legion games . The claim of the plaintiff is that in the 3rd or 4th inning as he was running to first base, his foot caught underneath an improperly installed base which he claimed was some 3 to 4 inches above the ground. The base in question is designed to fit with the bottom of the base flush with the ground. This is a so-called "Hollywood base". The umpire at first base ma.in- tains that in fact the base was flush with the ground. There is dispute among the witnesses whether or not the base was flush with the ground or not. Witnesses available to the defendants indicated that the base was flush and witnesses to be called by the plaintiff indicated tha.t the .base was not flush with the ground. There is no dispute, however, tha.t the injury that the plaintiff sustained was serious . He had injuries to the ligaments in his knee and also a severe injury to the peroneal nerve, with the result that he has and will ha.ve for the rest of his life a drop foot. His treating physician rates him as having a 20% permanent partial disability of the leg. He has a brace which runs along the bottom of his foot and up the back of his leg which he wears constantly. �iN�� a..�v.°�5,j ' � �� �,����t`��' +�.�. Y e . � In addition, a neurosurgeon who recently examined the plaintiff has opined tha.t he has only a 15 to 20 percent residual function of the peroneal nerve which means that it ha.s between and 80 and 85 percent disability in connection with it. The plaintiff 's medical bills were $7,380.63. A more troubling aspect of the damages in this case was the fact tha.t the plaintiff at and prior to the time of this injury was a very successful racquetball player. There was going to be testimony introduced at trial tha.t he had been foreclosed from pursuing a professional career as a result of this injury and tha.t his loss of future earnings was in the range of $625,000 to a hi gh of $1.5 million. The employment specialist hired by the defendants opined that there was no such future wage loss of the speculative nature of those damages . This was a very difficult case to assess, but among the factors we took into consideration in settling this case were as follows: 1. The plaintiff is a very likeable young man who makes an excellent witness; 2. He has a severe injury to his lower leg, one which he will live with the rest of his life; 3. He has made a good recovery from the injury to the extent tha.t he can, allowing the argument that to the extent of "think wha.t he would ha.ve done about this injury"; 4. He was a member of a young persons ' baseball team supervised by adults , including the umpires , who arguably should ha.ve known not to let the game continue if the condition was as the plaintiff claims . I do not believe that the jury would have found that he was dama.ged to the extent tha.t his expert claimed in terms of loss of future earnings from racquetball. I do believe, however, there was a significant possibility that they would have given him an additional amount of damages because of his involvement with racquetball prior to the time of the accident and also subsequent to it. For all of these reasons , this office has entered into a so-called Pierringer release with the plaintiff which allows the trial to go forward with two remaining parties while the City of St. Paul and the City of North St. Paul have each settled with the plaintiff. You may be interested to know tha.t the City of North St. Paul paid $50,000 for a similar release and the City of St. Paul has �.greed to pay $45,000. This office recommends the settlement of this case in the amount of $45,000. JGS:paw enc. cc. Greg Haupt