279055 M�HITE - CITV CLERK W K
PINK - FINANCE G I TY OF SA I NT PA LT L COUIICII ��9�V�
CANARY - DEPARTMENT V
BLUE - MAYOR File NO.
Co � 'l solution
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 Carmen N. Sarracco and Sally M. Sarracco
the sum of $5�000 in full settlement of their claim for damages
sustained July 8� 1980� when Sally M. Sarracco fell on the sidewalk
located on west side of Fifth Street between St. Peter and
Wabasha Streets.
APPROVED:
�
Z_
u g� istrict Court
�"` � �3� �R � L-
COUNCILMEN
Yeas Nays Requested by Department of:
Fletcher r
�'"^° b [n Favor
Masanz
NiCOSia
scheibel �__ Against BY
Tedesco
Wilson
Adopted by Council: Date `1U�� Form Approved by City orn
Certified P s Council S eta BY
gy,
�pproved by : av r: te 3 Q j� Approved by Mayor for Submission to Council
By' _ - ,L — �.-. _- By ;>.
�UBUSHEU AU G 7 19�2 �
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. . �'Q����;,�
o�g6�tT•�.;� CITY OF SAINT PAUL
OFFICE OF THE CITY ATTORNEY
p iiii�ii��ii c
m ,, EDWARD P. STARR, CITY ATTORNEY
�ea• 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: July 23, 1982
RE: Claim against the City of Saint Paul by
Carmen N. Sarracco and Sally M, Sarracco
This action was brought by a husband and wife for injuries and
dama.ges they claimed to have sustained when the wife fell on
a sidewalk located on west side of Fifth Street between St.
Peter and Wabasha.. The sidewalk did have some very apparent
cracks and other defects and we had ha.d complaints in this area
prior to the date of this woma.n's fall, although not in this
same precise area.
Mrs. Sarracco broke one of the bones in her foot and was examined
by both her doctor and a doctor which we hired, both of whom
found her to ha.ve a 10% permanent partial disability of the foot.
Her testimony in deposition was tha.t she continues to ha.ve a lot
of problems walking around which affects her in her employment
with the State of Minnesota, from which job she lost approxima.tely
one month while she was recovering from this injury.
The settlement is coming in the form of half from the City of
St. Paul and ha.lf from the Port Authority of of St. Paul (the
owner of the building abutting the sidewalk) and Lowery Develop-
ment Com�any (the lessee of the premises) . Those parties were
brought in by the City of Saint Paul as third party defendants
because of our ordina.nce which requires a bond when the sidewalk
has a�.areaway below its surface.
Because of the na.ture and extent of Mrs. Sarracco's injuries,
her medical expenses and her lost wages as well as the uncertainties
concerning the result of our claim against the owners and tenants
of the building, we feel this settlement ($5,000) is provident.
JGS:paw
attach.
cc. Greg Ha.upt
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