277661 WMITE - CITY CLERK �Y��}� �
PINK - FINANCE n � {����
CANARY - DEPARTMENT G I T Y O F S A I N T 1 �U L COUQCII �
BLUE - MAYOR
File N .
Council Resolution
Presented By
Referred To Committee: Date
Out of Committee By Date -T—
RESOLVED, That upon execution and delivery of a Satisfaction
of Judgment in favor of the City of St. Paul, the proper City
officers are hereby authorized and directed to pay out of the
Tort Liability Fund, 09070-512-424, to Firemen' s Fund Insurance
Company and Thomas L. Johnson, their attorney, the sum of $2, 288.10
in full settlement of the dama.ges sustained on July 10, 1978 by
Russell Windisch near the St. Paul Civic Center t�►rena as more
particularly set out in a communication to the City Council July
18, 1978, and further provided that payment be sent to Thoma.s L.
Johnson, 1330 Pillsbury Center, Minneapolis, MN 55402
COUNCILMEN Requested by Department of:
Yeas Nays �,
Hunt
Levine � In Favor
Maddox
Mc�,,"r _ V __ Against BY —
Tedesco
�Alibe+�
Adopted by Council: Date NOV � '�� Form A proved by City tto ey
Certified Pas d by Coun .il Se retay�,,, Y
� ��)
B , �1�
Ap o by ,Navor. r NOU 6 �9g� Approved by Mayor for Submission to Council
By _ By
� PUBUSHED NOV 141981
J
i
". - •. .. i1ti�D i� ��,r:a,
��t*=o, - ` CITY OF SAINT PAUL�
�6 ;
; , OFFICE OF THE CITY ATTORNEY
wuum ;
` "" 1°" ' EDWARD P. STARR, CITY ATTORNE�
vo ,.,. ^0 647 City Hall,Saint Paul, Minnesota 5510
612-298-5127
GEORGE LATIMER
MAYOR
October 29, 1981
. A:�
RECEIVED
�cl 2 �a ����
COUfvCILWOMAN
IRUBY hIG1dT
M E M 0 R A N D U M
T0: Members of the City Council
FROM: Frank E. Villaume III �3
Deputy City Attorney
RE: < 4�Tindisch v. McIntosh and the City of St. Paul
This claim arises out of an incident between St. Paul Police Officer
Kenneth Mclntosh and Russell Windisch on the evening of the Rolling
Stones concert on July 10, 1978. A riot had occurred outside of
the Civic Center Arena after a large crowd without tickets unsucces-
sfully attempted to gain entrance into the concert. Officer
Mclntosh was working off-duty in the employment of the promotoers
of the concert when he was ordered to assist in dispersing a crowd
which had congregated below Kellogg Boulevard. He was confronted
by Windisch and his great dane dog. Mclntosh ordered 4dindisch to
leave the area. Windisch refused and McIntosh feared that the dog
was about to bite him and struck Windisch with his riot baton.
4�indisch sustained a fracture to his jaw.
This ma.tter was tried in Ramsey County District Court where the
jury returned a verdict in favor of the plaintiff in the amount of
$7,000.00. The City of St. Paul had ma.intained that Officer
McIntosh was in the employ of Schon Productions, Inc. at the time
of the incident and, therefore, payment should be ma.de by the
insurance carrier, Firemen' s Fund Insurance Company. The insurance
carrier argues that Mclntosh left his position with Schon and
assumed the duties and responsibilities of a police officer prior
to the incident. We have resolved our dispute. The plaintiff' s
total recovery, including costs and disbursements, is $7,566. 20.
The City of St. Paul agreed to contribute $2,288. 10 toward that
amount. The office of City Attorney recommends approval of this i
settlement. I
�
FEV:jr
Attachment �
,`�� I