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280473 WHITE - CITV CLERK � ����-'Y'y PINK - FINANCE G I TY OF SA I NT PAIT L Council � ', �`�,�,.� . CANARV - DEPARTMENT BLUE - MAYOR File NO• o cil esolution A Presented By � �-�-p3 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 Deanna J. Schnedecker the sum of $10,000.00 in full settlement of her claim for damages sustained July 19 , 1981 as a result of an automobile accident with a City owned vehicle at or near Arcade and Case Streets. APPROVED: u ' o Dist ict Court COUNCILMEN Yeas Nays Requested by Department of: Fletcher � �evine [n Favor Masanz Nicosia sche�be� _ __ Against BY — Tedesco Wilson JUN 1 4 1983 Form oved by City Attorney Adopted by Council: Date Certified P� s d b ouncil ret BY g�, �p�h? � � ���� Appcoved by Mayor for Submission to o cil t\pproved vor: Date ` BY - – — BY PUBLPSNEp JUN 2 5 1983 . ;�r�� ��.��� . � � 4�1TT�. � CITY OF SAINT PAUL ;`� 'a OFFICE OF THE CITY ATTORNEY �, iiii'ii"ii a � h EDWARD P. STARR, CITY ATTORNEY ,a,+ 647 City Hall, Saint Paul, Minnesota 55102 612-298-5121 GEORGE LATIlv1ER 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 25, 1983 RE: Claim against the City of Saint Paul by Deanna J. Schnedecker On July 18 , 1981, plaintiff Deanna J. Schnedecker's automobile was rear-ended by a Public Works truck at the intersection of Case and Arcade. Ms. Schnedecker estimated that the truck was traveling at 35 mph at the time of impact. Our city driver estima.ted tha.t it was less than 5 mph and an independent eye- witness estimated it at between 10 to 15 mph. In any event our driver admitted that he was momentarily distracted and this caused him to strike her car. After the collision, Ms. Schnedecker sought treatment at St. John's Hospital and was later treated by her own physician for back and neck pain. She thereafter sought the treatment of a chiropractor and saw him on an "as needed basis" which ranged from two times a day to several months without any visits. There is no question but tha.t the City was liable for this accident. The issue at hand was the amount of dama.ges she sustained. Ms. Schnedecker was an assembly worker for Whirlpool Corporation at the time of the accident. She claimed to have lost approxima.tely 35 weeks due to the injuries sustained in this accident. Her loss of income was somewhere in the vicinity of $11,000 to $12,A00 and her medical expenses were approxima.tely $3,000. Her insurance company has paid benefits to Ms. Schnedecker of $10,114, in addition to a settlement of $5,700. Her medical testimony would be that she has suffered a 10% permanent partial disability of the spine. Our medical evidence is tha.t she ha.s completely recovered. Therefore, based upon the uncertainty of a 1ury verdict which would be solely concerned with the amount of damages, we have settled this case for $10,000. PKF:paw enc. cc. Greg Haupt , ���u>;..���