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279979 WH17E - C�TV CLERK COUflCll 2�99�9 PINK - FINANCE �7 CANARY - DEPARTMENT G I TY OF SA I NT PA V L BLUE - MAVpR File NO. , � � . , ncil Resolution 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 Diane Schloer the sum of $500.00 in full settlement of her claim for damages sustained April 25, 1982, when her car struck a hole in the street at or near Rice and Hoyt. COUN 'ILMEN Yeas Nays Requested by Department of: Flet her • Levi e FI@tch� In Favor Ma nz Nic ia Galies Sc ibel 11Aasanz - � __ Against BY — Te co Nicosia Is n Scheibel MAR 1 5 19g3 Tedes00 Form Approved by City torn Adopted by Co ncil: Date WiIscN1 Certifie �ssed by unci ecreta . � BY � By IApp by lVlavor: _ 1"�QR � O ��03 Approved by Mayor for Submission to Council By _ — BY PUBLISHED MAR 2 6 1983 � . � �����Fl� J Fg4�l=YO.; CITY OF SAINT PAUL ; � OFFICE OF THE CITY ATTORNEY v ""�101 � 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: Jeffrey G. Stephenson �J�-� -� Assistant City Attorney DATE: March 2, 1983 RE: Claim against the City of Saint Paul by Diane Schloer The plaintiff 's automobile was dama.ged on Apri1 25, 1982 , on Rice Street south of the intersection with Hoyt when it hit a large pothole. As a result, her car was dama.ged and it had to be towed from the scene. The City was aware of this hole and it had placed flashers at the location which had been checked on several occasions prior to this incident. The question for the fact finder would have been whether the City did what was required of it in terms of adequately posting signs at this location and whether it checked the area with sufficient regularity. There was a police officer who witnessed this incident and who testified on behalf of the plaintiff at the Conciliation Court hearing who said that this area was poorly marked the previous night and he had almost hit the location himself. This office recommends settlement of this case for $500. JGS:paw attached cc. Greg Haupt ��:�,�,�5;�