279822 WHITE - CITV CLERK COUI1C11 �982�
PINK - FINANCE G I TY OF SA I NT PAU L �
GANARV - DEPARTMENT
BLUE - MAVOR File NO.
C n ' e lu 'on
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 officers
are hereby authorized and directed to pay out of the Tort
Liability Fund 09070-511-000, to: Earl and Lu Ann Fahrendorff
and their attorney Gerald R. Keating, the sum of $700.00 in
full settlement of their claim for damages against the City
of Saint Paul, for damages sustained in November, 1979, as
more particularly set out in a communication to the City Council.
COUNCILMEN
Yeas Nays Requested by Department of:
FI ch r Fletcher �
�e n In Favor
Ma nz Galles
Ni ia Masanz
he e� _ _ Against BY —
edesc Nicosia
Wilson Scheibel
�- p1983
Adopted by Council: Wilson Date
fEB O Form Approve by City ttor
CertifiE:d as- b Cou ci ,ecr tar BY
By —
� FEB 1 0 1983 Approved by Mayor for Submission to Council
t�ppr by Mavor: D t —
B — BY
P 6USHE0 FE B 19 i983
.
2�����
� �p1TTO' CITY OF SAINT PAUL
' ;"� o '� OFFICE OF THE CITY ATTORNEY
v ii11�111i1' r
� „ EDWARD P. STARR, CITY ATTORNEY
�.d. 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: Jeffrey G. Stephenson
Assistant City Attorney
DATE: January 25, 1983
RE: Claim against the City of Saint Paul
Fahrendorff vs . City of Saint Paul
Earl Fahrendorff fell on an icy sidewalk outside the Minnehaha
Bowling Center at 955 Seminary Lane in St. Paul on November 9,
1979, fracturing his right wrist. As a result of this injury,
Mr. Fahrendorff incurred medical expenses in the amount of $918 .40,
lost wages in the amount of $4,408 .32 and may well, in the opinion
of his doctor, need additional surgery with an anticipated cost of
about $3 ,000, with additional wage loss in the area of $488 .00.
In addition, both Mr. Fahrendorff 's doctor and the doctor hired
by the city to examine him, opined that as a result of this fall,
Mr. Fahrendorff has a 10% permanent partial disability of his
right wrist. This is additionally significant because the
plaintiff is a right-handed sign painter. Mrs . Fahrendorff had
a cause of action for loss of consortium.
The city's potential exposure in this case is twofold. First,
the sidewalk in question is within our street right of way and
a "public sidewalk." The city is responsible for the maintenance
of its sidewalks . This particular case, however, would probably
have come within one of the exceptions to that general principle
because a municipality is not responsible for mere slipperiness
of its sidewalks , rather, there must be an accumulation of ice
and snow with ridges , depressions or "hummocks" for liability
to be imposed arising out of a sidewalk falldown. In this case,
all indications were that the ice was smooth.
The second area of potential exposure to the city was the existence
of a curbing block immediately adjacent to the area where Mr.
Fahrendorff fell. It was claimed that this block contributed
to the condition of ice and/or the fall itself. The city did
not install the block and did not issue a permit for its installa-
tion, but it was within our street right of way area.
�
��m Ya�i
. 2'�9�22
,
Page 2
MEMORANDUM (cont. )
This case has been settled for $15,000.00, with the bowling center
paying $14,300.00 and the city paying $700.00.
This off ice approves a $700.00 contribution toward the total
settlement.
JGS:gh
cc: Gregory Haupt