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279134 WMITE - CITV CLERK A �(] �] PINK - FINANCE G I TY OF SA I NT PAUL Council 1��r�s7�£�� CANARV - DEPARTMENT BL.UE - MAVOR File NO. Council Res lut 'on 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 Susan B. Ra.ia the sum of $2,500.00 in full settlement of her claim for damages and injuries sustained April 12, 1980, as a result of a fall on the sidewalk in front of Stem Auditorium near the intersection of 4th Street and Washington. COUNC[LMEN Yeas Nays Requested by Department of: Fletcher �_ �evine � In Favor Masanz Nicosia scheibel _ __ Against BY ��edesee ^IR11SVT1' Adopted by Council: Date AUG 2 4 1982 Form Approved by City Attorney Certified a� -�,d b�un Se a BY 11 g , `�1.. ��—� �1p ro by Mavor: D t AUG � �n��� Approved by Mayor for Submission to Council .�-.- B ' — BY i PU6USH�D $E P 4 1982 � - ! ��� � � � . �.a ��.. _��.y w R���tTTOr; CITY OF SAINT PAUL OFFICE OF THE CITY ATTORNEY v iiii�ll��ll c m „ EDWARD P. STARR, CITY ATTORNEY ..a. 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: Paulette K. Flynn Assistant City Attorne DATE: August 12, 1982 RE: Claim against the City of Saint Paul by Susan B. Raia On April 12, 1980, plaintiff Susan B. Raia attended a concert at the Civic Center. When she left at approxima.tely 11:00 p.m. she fell in a hole on the sidewalk located in front of Stem Auditorium near the intersection of 4th Street and Washington. At the time she was four months pregnant, was carrying her 4 year old son and cvas leaving with the crowd. On Ma.rch 11, 1980, Hartley Thomas of the Sidewalk Department issued a rush order to repair that particular piece of sidewalk. His concern was that many people would be using it during the high school tournaments . However, this repair was not accomplished because of delays for pending reconstruction of the theater. However, on April 29, 1980 sometime after plaintiff 's fall the patch of sidewalk was repaired. As a result of the fall, plaintiff broke her f ifth metatarsal. At her deposition she described how she had to do her housework by crawling on the floor for about one month. She would make a very excellent witness . At this time there is nothing that she was able to do before the accident that she is not now able to do. Although her special dama.ges were limited we had to take into consideration the fact that we were aware of the defect and yet had done nothing to repair it. Therefore, we have settled the case for $2,500. PKF:paw enc. cc. Greg Haupt �-"tn=�-::a,,:;