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276891 WHITE - CITY CLERK PINK - FINANCE 2�689i CANARY - DEPARTMENT G I T Y O F S A I N T PA IT L COUIICII BLU6 - MAYOR File N O. cil 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 St. Paul, the proper City officials are hereby authorized and directed to pay out of the Tort Liability Fund, 09070-511-000, to Leo Byrne, Delores Byrne, Naomi Narikawa, and Warren M. Horner, their attorney, the sum of $250.00 in full settlement of their claim for damages sustained on November 30, 1975, as more particularly set out in the communication to the City Council of December 30, 1975. COUNCILMEN Requestgd by Department of: Yeas Nays Hunt Levine In Favor c'M Mahon � Showalter Against BY Tedesco �Ison . MAY 2 i 1981 Form Ap oved by Cit t � Adopted by Council: Date Certified Passe ounc.i ecret BY gy, � Approved b Mavor: Date M Y 2 2 19B Approved by Mayor for Submission to Council By _ "'� — BY PUBLISHED MAY 3� 19Q� � • r� �"76�9� ��iTT�. CITY OF SAINT PAUL �� °s - OFFICE OF THE CITY ATTORNEY r iii1�11�n o � „ EDWARD P. STARR, CITY ATTORNEY ,.,. 647 City Hall,Saint Paul, Minnesota 55102 612-298-5121 GEORGE LATIMER MAYOR May 14, 1981 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: Claim of Naomi Narikawa, et al. The City of St. Paul is the owner of some property in the Swede Hollow area of St. Paul. Some unauthorized du.mping had occurred near Maury and Bates Streets to the point where the City con- tracted to have a dangerous hill of debris removed, clean fill brought in and regrading undertaken. This was accomplished in 1975. The property is intended to become a nature study area. Plaintiff Naomi Narikawa was thirteen years old on November 30, 1975. On that evening she decided to go tobogganing in Swede Hollow with her sister and girlfriend. They chose the recen�ly regraded hill because of its steep incline. They began going too fast, heading toward some trees, when the toboggan went over a bump and the girls were thrown off. The plaintiff suffered a fractured jaw. Miss Narikawa underwent surgery the following day when an open reduction of the fractured mandible was performed. The attending physician anticipated there would be no permanent disability. The plaintiff claimed that unidentified employees of the Parks . Department told her that the hill was being regraded for tobogganing and that an inspection of the area after her injury disclosed large rocks and other debris which caused her to fall from the toboggan. We have negotiated a settlement in the amount of $250.00 and recommend that the settlement be approved. FEV:j r cc: Peter Hames J