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:
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COUNCIL� N
Yeas � Na Requested by Department of:
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�ev F}S c�Ftes In Favor
M nz Masa�z ,�
che ei '�'�`"e' _ __ Against BY —
Tedes o Sche�bel
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-�� 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
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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.
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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