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
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App by ;4layor: a _ �^ J '9S� Appr by Mayor for Su ion to Council
sy� _ $�— B .
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.°'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
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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