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278524 WHITE - CITY CLERK PINK - FINANCE j� 2�852� CANARY - DEPARTMENT C I TY O F SA I NT j �u L COUflC1I BLUE - MAYOR File N . Council 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, 09070-511-822, to Wayne B. Mosher and John M. Steele, his attorney, the sum of $2,500 in full settlement of his claim for dama.ges sustained on July 26, 1978, as more particularly set out in a communication to the City Council dated March 22, 1982; and, be it FURTHER RESOLVED, that the Director of the Department of Finance and Management Services be instructed to forward said check to John M. Steele, Attorney at Law, 418 Groveland Avenue, Minneapolis, MN 55403. COU[VCILMEN Requestgd by Department of: Yeas Nays Hunt �e��ne [n Favor Maddox T/ . McMahon f� snowaite� - __ Against BY — Tedesco Wilson Adopted by Council: Date _ APR � �gg2 Form Ap oved by Cit Att e Certified P s•e Council ecre y Y + I B � App by ;4layor: a _ �^ J '9S� Appr by Mayor for Su ion to Council sy� _ $�— B . . � , + ' ' "' ""�:'�e!'4� .°'T'°• CITY OF SAINT PAUL R0 s o y OFFICE OF THE CITY ATTORNEY ; i�iii�n � � �' EDWARD P. STARR, CITY ATTORNEY '••• 647 City Hall, Saint Paul, Minnesota 55102 GEORGE LATIMER 612-298-5121 MAYOR . March 22, 1982 R�CEI�ti�� MAR 2 61982 �vr��s oFF�c� M E M 0 R A N D U M T0: Members of the City Council FROM: Frank E. Villaume III�J� Deputy City Attorney �c"� RE: Wayne B. Mosher vs. Arthur K. Thomas & City of St. Paul Plaintiff Wayne B. Mosher was injured in an automobile accident on July 26, 1978 at the intersection of Montreal and Snelling Avenues. On July 21, one week earlier, the sema.phore controller was knocked down and temporary repairs made. The lights were placed on flashing. On July 25 the sema.phores were ma.lfunctioning and the red lights were not in operation. This was repaired that same day by installing some new fuses. On July 26 the sema.phores were again reported ma.lfunctioning and a new fuse installed. Approxima.tely one hour later, the collision occurred. La.ter on July 26 another crew found a wire grounding out inside of the controller and this was repaired. Both drivers claimed that as they approached the intersection they observed green lights. An independent witness following behind Arthur Thoma.s and the investigating police officer both observed the sema.phores ma.lfunctioning, but they disagreed as to the nature of the ma.lfunction. One believed that the signal on Snelling only showed green with no yellow or red cycle, while the other believed that the signals were totally out for Snelling. Plaintiff Wayne Mosher was a forty-two year old commercial artist at the time of the accident. He sustained a small fracture of the left ankle, a laceration to his head and injuries to his neck and back. He was seen and treated by Drs. Joseph P. Engel and Leonard Titrud. Dr. Titrud opined that the plaintiff sustained J ,�i�(����� � ���� ' "'''7+J' ...P City Council Page Two Ma.rch 22, 1982 . a 20% perma.nent partial disability to his neck and back as a result of the accident. The plaintiff was also seen by Dr. D. L. McCain, who concluded the plaintiff suffered no permanent disability. Plaintiff' s specials include approximately $1, 200 in lost wages and medical expenses of approximately $890. The insurance company for defendant Thoma.s and this office agreed to contribute equally toward the settlement of this claim. The claim was settled for a total of $5,000 and the City' s share is therefore $2,500. This office respectfully requests that the settlement be approved. We believe that the cause of the ma.lfunction could have been determined prior to the accident and the problem with the sema.phores contributed to the accident. FEV:jr