280338 WHITE - CITV CLERK ' �"/�����]�
PINK - FINANCE � J
CANARV - DEPARTMENT GITY OF SAINT PAUL COUIICIl
BLUE - MAVOR File NO.
Cou ci esolution
Presented By � �
Referred To 1� 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 Clara Carlson the sum of $5,200.00
in full settlement of her claim for damages sustained February 24,
1980, as a result of a fall on the sidewalk at or near Juno and
Victoria, Saint Paul.
APPROVED:
�-�J�
'L��-yuc-�
u e o is ric our
COUIVCILMEN Requested by Department of:
Yeas Nays �
Fletcher
�811"e In Favor
Masanz
Nicosia
scheibei __ Against BY —
Tedesco
iI1Filee�r
Adopted by C ouncil: Date
MAY � g i983 Form Approved by City Attorney
CertifiE:d Passed Council Se tary BY
*
/ �
By
Appr y Mavor: Date M Y � �983 Approved by Mayor for Submission to Council
BY - — BY
UBL{SHEU NiA'� N 8 1983
r.�'q,; fi r5�f�, .!
, : °i
�gt�lT=�.; CITY OF SAINT PAUf.
o x OFFICE OF THE CITY ATTORNEY
� uuu nm b
: "" 1°° „� E�DWARD P. STARR, CITY ATTORNEY �
..a. 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: Ma.y 3, 19 8 3
RE: Claim against the City of Saint Paul
by Clara Carlson
On February 24, 1980, Clara Carlson fell on the northeast corner
of Juno and Victoria. She was 81 at the time and was walking
with a friend on a Sunday morning after church. They were on
their way to the bus to go out to breakfast. This is a route
they ha.d been on every Sunday for three years . When thgTgot
to the sidewalk in question, they noticed that it was shovelled
but where there had been a dip in the sidewalk it was completely
covered with ice. This was the first time that she had ever seen
that condition. She and her friend decided that they should
not walk over the ice and described that the safest way was to
go around it. They noticed tha.t there was grass sticking up
out of the ice by the house and so they stepped onto the grass
area. She states that she took one step and she does not know
how, but she slipped. She was taken to Miller Hospital and
remained there for two and a half weeks for treatment for a
broken hip. Thereafter, she was transferred to St. Joseph's
Hospital for one month. She returned to the hospital in October
and a pin and plate were removed from her hip. This time she
stayed in the hospital for six days. However, during the October
stay she also ha.d eye surgery for a cataract condition.
The City has no record of any complaints ha.ving been made about
that sidewalk before. It should be noted, however, tha.t the
sidewalk is built over peat and therefore there ha.ve been problems
for sometime. In fact, the homeowners who were also sued would
state tha.t there had been ponding on tha.t part of the sidewalk
for 10 years. This would certainly be time enough to give the
City constructive notice of the condition.
Mrs. Carlson's special damages are somewhere between $13,000 and
$15,400. The homeowners ha.ve agreed to settle the case for
$15,000. It is our recommendation tha.t the case be settled by
the City for $5,200.
PKF:paw
enc.
cc. Greg Haupt ��;;�� -�
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