281031 WHITE - CITV CLERK
PINK - FINANCE G I TY O F SA I NT PA LT L Council ���0��
CANARV - DEPARTMENT
BLUE - MAVOR File NO•
1
o nc ' esolution
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 off icers
are hereby authorized and directed to pay out of the Tort
Liability Fund 09070-511-000 to Shem Sha.kir and Sybil Shakir
the sum of $10,000 in full settlement of their claim for damages
sustained June 12, 1978, as a result of a diving accident at
Oxford Pool.
APPROVED:
,
G 0 ISTR C CO R
COUNCILMEIV Requested by Department of:
Yeas Nays �
Fletcher
�e��� In Favor
Masanz
Nicosia
Scheibel � Against BY
Tedesco
Wilson
Adopted by Council: Date OCT 1 3 1983 Form Approved by City Attocney
Certified a se b Council Se tar BY �
A r e b Mavor: D
OCT �. 4 1983 Approved by Mayoc for Submission to Council
By — BY
PUBLISHED 0 C T 2 2 1983
�'���:�31
�
�t==o, CITY OF SAINT PAUL
�0� '- OFFICE OF THE CITY ATTORNEY
�� iiii'ii"ii ��
,Lm „� 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: Lawrence J. Hayes , Jr. f_-�ld'
Assistant City Attorney
DATE: September 28 , 1983
RE: Claim against the City of St. Paul by
Sybil Shakir
This lawsuit arose out of a diving accident occurring at the
Oxford Pool on June 12, 1978. The plaintiff, a 34 year old
adult, was taking her first beginner s swimming lesson. Her
water safety instructor had her dive head first into approximately
42 feet of water. The plaintiff hit her head on the bottom of
the pool. She complained of headache and dizziness , and later
that day went to St. Joseph's hospital emergency for treatment.
Plaintiff has undergone physical therapy at the University of
Minnesota and St. Paul Ramsey Hospital since the date of her injury.
Her doctor diagnosed a severe cervical strain, and evaluated her
as having a 10% permanent partial disability to her cervical
spine, which he attributed to the diving accident of June 12,
1978 . Our office recently sent plaintiff for an adverse examination.
Our doctor also gave Ms. Shakir a 10% permanent partial disability
to her spine, neck and right upper extremity, which he related
to her diving accident.
On the issue of negligence of the water safety instructor in having
plaintiff dive into the pool, I consulted Mr. James Shinners , area
Red Cross director. He indicated that he thought our instructor
had made a mistake regarding his instructions ; his opinion was
that adults should not be instructed to dive into a water depth
of less than eight feet.
Plaintiff had medical expenses , wage loss and housekeeping costs
in the area of $5,000. This office recommends settlement of
this lawsuit for the sum of $10,000.
LJH:paw
attach.
cc. Greg Haupt
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ORDWAY MUSIC THEATRE
LANDA�ARK CENTER
;5 WEST FIFTH STREET
ST. PAUL, MINNESOTA 55102
�612) 292-3221
October 10, 1983
City of Saint Paul
c/o Office of the City Clerk
Albert B. Olson, City Clerk
386 City Hall
Saint Paul, Minnesota 55102
Dear Mr. Olson:
Ordway Music Theatre hereby accepts the terms of Council
Resolution C.F. No. 280831 approving the Ordway Music
Theatre Construction Agreement.
If any additional information or further action is
required, I may be reached at 292-3200.
Sincerely,
ORDWAY MUSIC THEATRE
i�,��� �
rank D. Marzite
Secretary
cc: Carl Drake
G. Richard Slade
David Lilly
Richard Snyder
Henry Blodgett
Marvin Pertzik