280337 M�HITE - C�TV CLERK
PINK - FINANCE GITY OF SAINT PAUL COURCIl �������
CANARV - DEPARTMENT
BLUE - MAYOR File NO•
Cou c ' s ution
Presented By ' �
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 Jill N. Sonstegard, aka Jill
N. Elias, the sum of $70,000 in full settlement of her claim
for damages sustained March 29, 1981, at or near Whitall and
Westminster, Saint Paul, as more particularly set out in a communication
to the City Council on April 7, 1981.
APPROVED:
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o is ric our
COUNCILMEN
Yeas Nays Requested by Department of:
Fletcher �
Levine [n Favor
Masanz
Nicosia
scheibe� _ D __ Against BY
Tedesco
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MAY 1 9 1a�3 Form A roved by City Attorney
Adopted by Council: Date
Certifie Passed y Council ecretary BY �
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Appr by ;4lavoc Dat ��� � � �y�� Approved by Mayor for Submissio Council
sy _ By
���o�►cuFn MAl' 2 8 1983
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�ss�tT,o, , CITY OF SAINT PAUL
• .� OFFICE OF THE CITY ATTORNEY
� uii'i i"ii c
� ,, 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: Paulette K. Flynn � �
Assistant City Attorney
DATE: May 3, 1983
RE: Claim against the City of Saint Paul by
Jill N. Sonstegard, aka Jill N. Elias
Jill Sonstegard, formerly known as Jill Elias, was injured in
an automobile accident on March 29, 1981. She was a �assenger
in a van which was driven by her husband at the time it went
down a steep embankment. The accident occurred at approximately
2:00 a.m. at the intersection of Westminster and Whitall in the
City of Saint Paul.
Neither the passenger nor the driver remember the events leading
up to or the ha.ppening of the accident itself. However, it is
their theory and they will ha.ve an expert to testify to the
effect tha.t the intersection required a barricade and warning
sign, and the City ne�ligently caused the accident by failing
to have either. It will be their further testimony tha.t a strip
of berm placed along Westminster and at the very end of the
intersection acted as a "takeoff ramp" which caused the van
to vault into the air before landing at the bottom of the embank-
ment. The takeoff effect is obtained at speeds as low as 14 mph.
It should further be noted that at the time of the accident it
was dark and raining. One of the police officers noted in the
accident report that the street light was out. However, the
other two officers at the scene distinctly remember it being
on.
Ms. Sonstegard was seriously injured in the collision. She fractured
both bones in her left forearm which required an open reduction
and internal fixation of these fractures and bone graft taken
from her left hip. She also fractured her L-1 vertebra and had
to be in a back brace for approximately six months. She still
has back pain and discomfort in the area of the plating in the
forearm. This is particularly sensitive to cold and she occasionally
gets sensations of "tearing" on the inside with weather changes.
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She also states that lifting with the left arm produces shooting
sensations in the arm. In addition, she ha.s a sensory deficit
in the vicinity of the scar and she also ha.d decreased sensation
on either side of both forearm scars. In addition, she suffered
serious dental problems, including the loss of one tooth. It
was estima.ted by an oral surgeon tha.t she could expect to incur
approximately $5,000 in dental expenses.
Ms. Sonstegard additionally has several very noticeable scars.
There are two on her left forearm, a large scar on her right
knee, and a scar on her left shin. She also has a small scar.
on her right upper lip which is barely discernible �and a�well-healed
scar in the area of the graft donor site on the left hip. All
of these scars will be permanent. However, some improvement
could be expected from plastic surgery. This surgery would
range from about $1,500 to $4,400.
Jill Sonstegard was also seen by a psychologist who stated that
due to the na.ture of her in�uries, particularly the scars, she
has become depressed and suicidal and it was his thought tha.t
she re quired in-patient psychiatric treatment as well 'as followup
rehabilitation.
Jill Sonste gard was treated at St. Paul Ra.msey Hospital for
approximately two weeks. She was treatedthereafter on an out-
patient basis at the Ra.msey Clinic. Her total medical expenses
were $8,300. These would be in addition to the medical expense
she will be expected to incurr in having the plate removed from
the arm, to correct the dental scars, surgery to improve the
appearance of the scars and future psychiatric treatment.
Jill Sonstegard makes an excellent witness and is a very attractive
woma.n who used to do some modeling. Therefore, her feelings
about her scars are more credible. Under the state of the law,
if we are found to be 1% liable and her husband is liable for
the rema.inder, the City will have to pay the entire award.
This is because Mr. Elias is virtua.11y judgment proof. Therefore,
I ha.ve recommended settlement of the lawsuit brought by Jill
Sonstegard in the amount of $70,000.
PKF:paw
attach.
cc. Greg Ha.upt