278634 WHITE - CITY CLERK
PINK - FINANCE n
CANARY - DEPARTMENT G I TY O F SA I NT 1 �U L COURCII e
BLUE - MAYOR File N O. ��^��
, 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 09070-511-223 to Carol V. Waltzing and Edward T. Donohue,
her attorne , the sum of Eleven Thousand and No/100 Dollars
($11,000.00� in full settlement of her claim for damages sustained
on March 7, 1975 in the vicinity of Beverly Road and the Eastbound
Exit Ramp of Interstate I-94 in the City of Saint Paul as more
particularly set out in a communication to the City Council on
May 1, 1975.
COU[VCILMEIV Requestgd by Department of:
Yeas Nays
Hunt
Levine [n Favor
Maddox �
� __ Against BY —
�srJeszQ
Wilson
Adopted by Council: Date —�� L� ��OZ Form Appro by City Att n
Certified P s e y Council re BY
v
Appr e y �Navor: D t - MAY � ��$Z Approved by Mayor for Submission to Council:
By . _ _ $y _
PUBLfSNE�D MAY b 1982
�lT=o. CITY OF���V��UL
;F�t o '� OFFICE OF THE CITY ATTORNEY
r iii°i i�u a
. „ EDWARD P. STARR, CITY ATTORNEY
,... 647 City Hall,Saint Paul,Minnesota 55102
612-298-5121
GEORGE LATIMER
MAYOR
April 30, 1982
M E M 0 R A N D U M
T0: Members of the City Council
FROM: Frank E. Villaume III ��
Deputy City Attorney
RE: Carol V. Waltzing v. City of Saint Paul
This claim involves a pedestrian-car accident on Ma.rch 7, 1975
at the intersection of Beverly Road and the Eastbound Exit
Ramp of Interstate 94 in the City of Saint Faul. The plaintiff
Carol Waltzing was a twenty year old who lived at 2214 St.
Anthony Boulevard, an area to the northwest of Town & Country
Club. At approximately 10:45 in the evening she was attempting
to make her way home from but bus stop at University and
Vandalia. She walked south across the bridge and then followed
the Frontage Road down to the intersection of Beverly. It was
her intention to cross the ramp when she was struck by a car.
Miss Waltzing sustained a very severe brain injury. As a
result of her injury she now has some weakness of the right arm
and leg and is required to wear a brace. The injury has also
impaired her mental capabilities . Her physician opined that
she sustained a 50% perma.nent partial disability as a result
of the accident and a consulting psychologist has opined that
she has a significant impairment of vocational function. Her
total medical expenses exceed $37 ,000.
The claim against the City of Saint Paul is twofold. First,
that the sidewalk which runs along the north edge of Town &
Country Club was not maintained during the winter, causing
the plaintiff to walk in the street. Second, the semaphores
O
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City Council
Page Two
April 30, 1982
at the intersection of Cretin and Vandalia are inadequate to
assist the pedestrian seeking to cross east to west and contribute
to the necessity to walk in the street. The City of Saint Paul
claimed the sidewalk was ma.intained that winter and that adequate
sema.phores were in place. It was further the claim of the City
of Saint Paul that the intersection was designed by the State of
Minnesota.
The driver of the automobile had insurance policy limits of
$25,000 which were paid and a release taken. The City of Saint
Paul was the sole remaining defendant. Although the liability
against the City of Saint Paul seems relatively slight, in light
of the very severe injuries sustained by the plaintiff, settlement
in the amount of $11,000 was ma.de. This office recommends
approval of the settlement.
FEV:jr