280541 WHITE - C�TV CLERK
PINK - FINANCE COUnC1I
CANARV - DEPARTMENT GITY OF SAINT PALTL ��� A `
BLUE - MAYOR File NO. � �fi1 _
� Co ncil Resolution ��� ��
Presented By ����"�
Referred To Committee: Date
Out of Committee By Date
WHEREAS, Northern States Power Company has advanced certain
sums on behalf of the City of St. Paul to settle the claims of
'I'homond R. 0'Brien for property damage and loss of income arising
out of the explosion and fire at the Commodore Hotel on February
15, 1978; now, therefore, be it
RESOLVED, that upon execution and delivery of releases in
full to the City of St. Paul, the proper City officers are
hereby authorized and directed to p�.y out of the Tort Liability
Fund, 09070-511-328, to Northern States Power Gompany, the
following sums in full settlement of the claims of Thomond R.
0'Brien:
For Property Da.mage: $9,586.91 plus interest at 8%
from January 13, 1983 until payment
For Loss of Income: $14,341.35 plus interest at 8%
from June 2, 1983 until payment
and, be it
FURTHER RESOLVED, that the draft be ma.iled to Clyde F. Anderson,
2250 IDS Center, Minneapolis, MN 55402.
COUNCILMEIV Requested by Department of:
Yeas �� Nays
�°''" [n Favor
Masanz ,
sc nbe� � _ Against BY
�edess.—
Wilson
Adopted by Council: Date
JUN 2 8 1983 Form Appro e y City Attorn
Certified a -e Council ret BY
By t
� JUN 2 8 �'� Ap y Mayor f b is i to Cou
t� ved by Nlavor. t �
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PUBUSNED J�)I_ 9198�
. ' ����ytC-��_
KUEPPERS� KUEPPERS� VON FELDT 8L SALMEN
A'1'TORNEYS AT LAW
1250 NORTHERN FEDERAL BUILDING
WABASHA AT SIXTH STFtEET
ST. PAUL, MINNESOTA 55102
FRED A. KUEPPERS TELEPHONE
FRED A. KUEPPERS.JR. AREA CODE 612
C.E.VON FELDT �8'»�
T. JAY SALMEN
FRANK E.VILLAUME Ill
IOAN M.HACKEL
RICHARD C.SALMEN
NANCY L. PONTO June 9 � 1983
Honorable Members of the
St. Paul City Council
7th Floor
City Hall and Courthouse
St. Paul , MN 55102
Re: Commodore Hotel Fire
and Explosion Cases
Gentlemen:
On October 18 , 1982, I was appointed special counsel to repre-
sent the City of St . Paul in continuing the prosecution and
defense of the various lawsuits consolidated under the caption
of the Commodore Hotel Fire and Explosion Cases .
Thomond R. O'Brien was the majority shareholder in Summit Court ,
Inc. which owned and operated the Commodore Hotel. Following
the explosion he brought an action against the various defendants
for losses he incurred beyond his insurance coverage . This
included damage to the building and loss of income during the
reconstruction. The damage to the Hotel was determined in a
jury trial to be in the sum of $139 ,277.08. Mr . O'Brien successfully
appealed to the Minnesota Supreme Court from an adverse decision
on the question of loss of income, and a retrial on that issue
was recently held. A special verdict was returned in the sum
of $209,679 .00 . O'Brien is also entitled to recover costs of
$110 .00 , and with interest the total judgment ' for loss of income
as of June 2, 1983 is $215,120 .36 .
Pursuant to the terms of the settlement reached earlier this
year , the City of St. Paul agreed to pay two-thirds of ten percent
of any judgment rendered against the City and the other Defendants .
For damaqe to the Hotel , I have calculated that amount to be
$9 ,586 .91 plus interest at eight percent from January 13, 1983.
For loss of income, I have calculated that amount to be $14,341. 36
with interest at eight percent from June 2 , 1983. The full
amount of the judgments has been paid by Co-Defendant Northern
States Power Company and the accompanying resolution authorizes
� � 2����4�
Honorable Members of the
St . Paul City Council
June 9 , 1983
Page Two
reimbursement of that portion paid on our behalf. A Partial
Satisfaction of Judgment and a Release are included with this
request.
I respectfully ask that you approve the settlement and authorize
payment of $23 ,928.27 .
Sincerely,
KUEPPERS, RUEPPERS, VON FELDT
& SALMEN
,'1
B
nk E. Villaume, III
FEV/lap
cc: Edward P. Starr
City Attorney
647 City Hall
St. Paul, MN 55102
, . �������
STATE OF MINNESOTA DI5TRICT COURT
COUNTY OF RAMSEY SECOND JUDICIAL DISTRICT
Court File No. 438152
Summit Court, Inc. , )
?
Plaintiff , )
)
vs. ) PARTIAL SATISFACTION
) OF JUDGI�NT
Northern States Power Company, )
a Minnesota corporation; City ) �
of St. Paul, a municipal cor- ) �
poration; and Grudem Brothers )
Company, )
-)
Defendants. )
)
I , JOHN E. CASTOR, an attorney of the judgment creditor ,
hereby certifies that the judgment entered and docketed in the
above-entitled action on the lOth day of February, 1983 , in favor
of Summit Court, Inc. , against the above named defendants, for
the sum of Two Hundred vine Thousand Six Hundred Seventy-nine and
No/100 ($209 ,679 .00) Dollars, plus interest from February 7 ,
1983 , in the amount of Five Thousand Three Hundred Thirty-one and
36/100 ($5 ,331.36) Dollars, and costs and disbursements in the
amount of One Hundred Ten and No/100 ($110 .00) Dollars, has been
partially paid and satisfied in the amount of Two Hundred Fifteen
Thousand One Hundred Twenty and 36/lOQ ($215 ,120 .36) Dollars,
leaving a balance due of such amount of interest as may be
determined to be due for a period of time before February 7 ,
1983 , as the result of an appeal with respect thereto now pending
before the Su�reme Court of the State of Minnesota.
. .
, . . . . ����4�
.
IN TESTIMONY WHEREOF, I have hereunto set my hand this 2nd
day of June, 1983 .
t orney for Judgment Credi or
Subscribed and sworn to before me
this 2nd day of June, 1983 .
, �
.
Notary Pub ic �
��;::::;:: CAROL M. LILJEQUIST
� :�`' ��j;� NOTtiRY PUBL�C— !•��NNESOTA
�,w�-C-�� HE"Jh�P�N COUNTY
��� ti �„�y Cornmusion Exp�res Mey 13, 1956
•.`��.::.
SUPPLEMENT
The Partial Satisfaction above is intended to effect the
partial satisfaction described of any judgment against any of
the defendants entered and docketed pursuant to the Order for
Judgment made by Judge Plunkett on the lOth day of February,
1983, and filed on the llth day of February, 1983.
(
A torney for Judgment Credi or
Subscribed and sworn to before me
this 2nd day of June, 1983 .
i�� - •
Notary Public
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