The URL can be used to link to this page

276502 WHITE - CITY CLERK s` -y�'��J z_ !!!��A. PINK - FINANCE COUtICll a '• �V V� CANARY - DEPARTMENT G I T Y O F S A I N T � PA LT L BLUE - 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 Saint Paul, the proper City officers are hereby authorized and directed to pay out of the Tort Liability Fund 09070-511-328 to: John E. Johanneson, John C. Johanneson and Geoffrey P. Jarpe, their attorney, the sum of $51,000.00 in full settlement of their claim for damages sustained on February 15, 1978 at the Commodore Hotel as more particularly set out in a communication to the City Council March 13, 1978; Northern States Power Company, the sum of $6,500.00 as reim- bursement for advancing on behalf of the City of Saint Paul that amount in full settlement of the claim for dama.ges of Anna Weinholz sustained February 15, 1978 at the Commodore Hotel as more particu- larly set out in a communication to the City Council Ma.rch 16, 1978; Robert J. McGuigan, personal representative of the estate of Charles William Porter, and Patrick J. McGuigan, his attorney, the sum of $2,500.00 in full settlement of his claim for dama.ges sus- ta�ned on February 15, 1978 at the Commodore Hotel as more particularly set out in a communication to the City Council February 6, 1979; Karen R. Hadnot and Robert Bennett, her attorney, the sum of $1, 750.00 in full settlement of her claim for damages sustained on February 15, 1978 as more particularly set out in a communication to the City Council on April 17, 1979. COUNCILMEN Yeas Nays Requestgd by Department of: Hunt Levine In Favor Maddox �, nncnnano� A gai ns t BY Showalter - -- Tedesco ► Wilson MAR � 2 1981 Form Approved by City torney Adopt y Council• Date — rtified Pass by ou 1 Secretary Y Appr v d y :Vlayor: Dat �� '`+PP ° by Mayor o ub s 'on to Council By BY �-�fl MAR 2 1 1981 ....,.,,,��«��,. ��5�� _>�w��TY �FS<<<,,, CITY OF SAINT PAUL =� ..� :�_, ;; �y �, OFFICE OF THE CITY ATTORNEY ;.`,� iiEl1lil�ll c. � ,, EDWARD P. STARR, CITY ATTORNEY ,e,. , � 647 City Hall, Saint Paul,Minnesota 55102 ` ,, 612-298-5121 GEORGE LATIMER MAYOR Ma.rch 6, 1981 M E M 0 R A N D U M T0: Members of the City Council FROM: Frank E. Villaume III�f�"' Deputy City Attorney RE: Claims Against the City of Saint Paul arising out of the Commodore Hotel Explosion On February 15, 1978, a compression coupling in the meter room of the Commodore Hotel at 79 North Western Avenue in Saint Paul failed and allowed a two inch pipe holding natural gas at 71 p. s. i. to pull out. A small explosion and fire began in a first floor apart- ment above the meter room. While hotel employees attempted to evacuate guests and tenants, both Northern States Power Company and the Saint Paul Police and Fire Departments were notified and their personnel dispatched to the scene. Much of the natural gas escaped elsewhere into the building filling the basement boiler room and elevator shafts which ultima.tely ignited and caused a second and much more severe explosion. The second explosion severely dama.ged the building and injured those tenants still inside the hotel as well as evacuated persons, spectators and emergency personnel outside the hotel. A number of separate lawsuits were consolidated for trial which began September 29, 1980 and concluded December 18, 1980. It was claimed that the City of Saint Paul had negligently inspected the initial natural gas installation made in 1957, had negligently inspected the building during the ensuing years, and had failed to properly warn and protect tenants and spectators at the scene before the second explosion. Other defendants included Northern States Power Company, Grudem Brothers Company, the 1957 plumbing and heating contractor, Commercial Union Insurance Company, the insurer of the building, and Summit Court, the owner of the building, as a defendant in the personal injury lawsuits . �r'.'��.-.''l'.5°'J . ��r � � � Members of the Council Page T�ao Ma.rch 6, 1981 During the trial, the City of Saint Paul, along with the other defendants, settled four of the personal injury claims. John E. Johanneson was a fifteen year old boy who was evacuated from the squash courts portion of the building at the time of the initial fire. He was the most severely injured plaintiff. He suffered multiple right rib fractures, a compression fracture of his spine, a fracture-dislocation of his right ankle, a fractured right scapula, cauda equina injury with bowel and bladder dys- function along with abrasions, lacerations and second degree burns of the face and legs. He underwent seventeen surgical procedures and was ultima.tely found to have sustained a 60% permanent partial disability of the right lower extremity and a 40% perma.nent partial disability of the spine. He underwent seventeen surgical procedures and his medical expenses exceeded $70,000.00. The city contributed $51,000.00 towards the total settlement of $375,000.00. Anna Weinholz was a 73 year old tenant of the hotel injured by the second explosion while she was waiting for an elevator to take her down to the lobby and out of the building. She sustained fractures to both bones in each lower leg as well as the right arm and the left hand and numerous bruises and contusions. She underwent five surgical procedures and as a result of the accident became an invalid. Her total medical and nursing expenses are in excess of $60,000.00. The City of Saint Paul contributed $6,500.00 toward a total amount of $44,000.00 in settlement of her claim. This amount was advanced by NSP to Mrs. Weinholz and her attorney to facilitate the settlement. The resolution would reimburse NSP for the advance. Charles W. Porter was a 70 year old tenant of the hotel who suffered a cardiac arrest while attempting to leave the building. He was resuscitated at the scene and taken to St. Paul-Ramsey Hospital and eventually transferred to Midway Hospital. He was hospitalized for a total of thirty-five days and incurred total expenses of approxi- ma.tely $8,600.00. Mr. Porter had pre-existing heart disease and eventually improved to a condition equivalent to that which he enjoyed betore the explosion. The City of Saint Paul contributed $2,500.00 toward the total settlement of $23, 350.00 in full settle- ment of his claims. Mr. Porter passed away on January 5, 1981, and the payment will be ma.de to the personal representative of his estate. Karen R. Hadnot was a 21 year old tenant of the hotel who was injured when the force of the explosion blew through the south stairways of the hotel while she was attempting to evacuate the buildin�. She suffered a compound fracture of her lower right arm and wrist requiring ;��s �� Members of the Council Page Three Ma.rch 6, 1981 the surgical placement of pins. She sustained a 10% perma.nent partial disability of her arm and incurred medical expense of almost $1,900.00 and lost wages of approximately $3,500.00. The City of Saint Paul contributed $1, 750.00 toward a total figure of $17, 500.00 in full settlement of her claims. Council approval of the settlements was postponed until the trial Court issued its decision so as not to influence the judge. On Ma.rch S, 1981 the Court' s Findings of Fact, Conclusions of Law and Order for Judgment were received which found the City of Saint Paul 10% negligent and therefore liable for 10% of the damages to all plaintiffs. Those settlements noted above which reflect a payment of more than 10% by the City of Saint Paul are unaffected by the Court' s decision. This office recommends approval of the settlements . FEV:jr �ECEiV�D �.. � " ` � ' RELEASE OF ALL CLAIMS ��`�U�2 FEB ? ? �9°1 � KNOW ALL MEN BY THESE PRESENTS: �? �G'�' F'� Two Thousand Five (s1�4 i :'1 i �'" ' ' ' ' "'4"'t'hat the Undersigned, being of lawful age, for the sole consideraticn of Hundred and no/100---------�ollars ($2�500.0�� to the undersigned in hand paid, receipt whereof is hereby acknowledged, do/does hereby and for my;�our%its heirsy executors, administrators, successors and assigns release, acquit and forever discharge Clty of Saint Paul, Minnesota and his, her, their, or its agents, servants, successors, heirs, executors, administrators and all other persons, firms, corporations, associations or partnerships of and from any and all claims, actions, causes of action, demands, rights, damages, costs; loss of service, expenses and compensation whatsoever, which the undersigned now has/have or which may hereafter accrue on account of or in any way growing out of any and all known and � unknown, foreseen and unforeseen bodily and personal injuries and property damage and the consequences thereof resulting or to result from the accident, casualty or event which occurred on or about the 15th day � of February , 19 78 , at or near the Commodore Hotel, 79 North �,j��er�n Avan�iP� 4^;r* Pa»1 � Mi nn Sn a It is understood and agreed that this settlement is the compromise of a doubtful and disputed claim, and that the payment made is not to be construed as an admission of liability on the part of the party or parties hereby released, and that said releasees deny liability therefor and intend merely to avoid litigation and buy their peace. ' The undersigned hereby declare(s) and represent(s) that the injuries sustained are or may be permanent - and progressive and that recovery therefrom is uncertain and indefinite and in making this Release.it is under- stood and agreed, that the undersigned rely(ies) wholly upon the undersigned's judgment, belief and knowledge � of the nature, extent, affect, and duration of said injuries and liability therefor and is made without reliance ; upon any statement or representation of the party or Farties hereby released or their representatives or by any , physician or surgeon by them employed. The undersigned further declare(s) and represent(s) that no promise, inducement or agreement not herein expressed has been made to the undersigned, and that this Release contains the entire agreement between the parties liereto, and that the terms of this Release are contractual and not a mere recital. ; ; THE UNDERSIGNED HAS READ THE FOR�GOING RELEASE AND FULLY UNDERSTANDS IT. Signed, sealed and delivered this 12th day of FebruarY , 19 81 , CAUTION: READ BEFORE SIGNING BELOW : � �/ � s � ��-� ��,� �cmnm� n� wicness Charles William Porter Witness JL ,��,,u >Z Z��,� �Y' al Witness Robert J. �McGuigan STATE OF MTNNESnTA Personal Representative of Said Estate � SS. COUNTY OF RAMSEY On the 12th day of February , 19 81 , before me personally appeared Robert J. McGuictan, Personal Representative of -the Estate of Charles William Porter, _ --------,, to me known to be the person(� named herein and who executed the foregoing Relea�e and x ' y,� fJU�ti�M�MHM y � � +� +PR4T�?fr`u� � nn,.n+i�n i II1Rt 11 executed tf�e sa acknowledged to m `tki��"i.�. , uJ�� y � �.''r.• � s i� NOTAR'/FULLIC—P�lINP1ESOTA �i{,.(��' My term expires '•�� '""� , 1 • MyComm.ExpiresAu3.28,igs� ��otary Pu lic 1 .. . Y ■ . � ' � . � ...�� f -- " �`�, .� r. .A S _.";,`11�� . . � ... .' Y. _ s�+u.�.��..-�+-�^. - � ✓ -- -. ..-..�.w-- �^-"...+. - . .wwa.w.+.�+e'+'� - . •�' _-> . { .' i � 3+ f� "lyt.L. E .�...�w-�t�-` . " .. ;p _, ;.. � . . ... _ .. u . .ve. .Y.'"�'J.Wh..rbW. .T!�Y`'a'.�' .c.� .... .. '-'� Y'--.,4��. , � . . �.. -o. . . ..�.. � Form 430a Rev.5-76 MIILEA•DAVIS GU..Mrta. — ` __.�-- . ,--- Ft-�-__..� ;^� � } .3- 3 UPC 43 ' � i ; � � � , + 5"TATE OF MINNF.SOTr `�� O 19�1 pROBATE COURT i � RAM SE�,,,,�A nc n�e�,p,NE, CterkC-flH�-T�c=fflUR�=PR�4��B��S�4� ' � COUNTY OF ± ; i gy F.1�1. � I i � Court File No. 1519 3 6 j ; In R.e: �state of ' LETT�RS TESTAIWIENTARY � ` Charles W. Porter, also known as C. W. � 1 Porter, and Charles William Porter, � Deceased � � � Januarv 5 " , 19 �}� , and � The above named decedent having died on ; j Robert J . McGui an - i I ! 'n been a ointed and qualifred,(is)1t�)hereby authorized to act as personal representative(s� � havi g pp , according to law. � ,,. � � i � ` ' I � � :� f` ; � �j _ 7 � 1 ' i � � ( � February 10, 1981 � Dated: �RE"rN F�,. �..�k'.I'I� � Judge/1��'�� { � (COURT SEAL) i ; - �r , J , • i CERTIFICATE N� 7�4 8 �� STATE OF MINNESOTA PROBATE COURT COUNTY OF RAMSEY I,THOMAS MALONE,Clerk of Probate Court of said County, do hereby certify that I have compared the annesed copy of L�t�ers T2s�a�ntary Estate of: Charles �f. Porter, aks, Deceaeed with the original records and files preserved in said Probate Court, and that the same is a true and conect � transcript therefrom, and the whole of said original records and files. . ' a • ;t;r ��ti"'��"� 1tA��L �+�i� .j�,� � ,.ii �4;,y!� �,i :s � �i�ii� : J � ; , � r t 4• ri fa?7�#• c� ;a "} ','�'.'g`"' :'t',' ,� . . . ` y q� . �f j' r :' � ' . s ..T.5;t .. . .. . � � �� :'a- ;«` � ',[+,.i a::! �'il .�a"� 't . - r es.�,�t t�? . . -�,r; '{ .,!t . . ;�� . , ,i: . . . .. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the seal of the Probate Court of said county, at St. Paul,in said County, this llth day of Februar� A.D. 19�1 << '.n •��-- �- Clerk of Pro ate Court, Ramse County,Minn. .i C'.-;��; I-f. ;',.L�_�N. J r, Chief Dcputy Clerk Ramsey County Probate Co��rt ; _ �;rL,jLl '1 �� . , -!� FEB E� ��u1 RELEASE OF ALL CLAIMS �� , 3 j{NQW AJ.,L�EN BY THESE PRESENTS: . ��V �ii l�ry;a�� That the Undersigned, being of lawiul age, ior the soie consideraticn of 4ne Thousand Seven Hundred Fiftv and no/100----�joIlars ($1� �5�•��%S�to the undersigned in hand paid, receipt whereof is hereby acknowledged, do/does hereb� aad for ^}>ie;:r/its hEirs, executors, admir.ist*ators, successors and assigns release, acquit and forever discharge CitV Of SSl�i1t Paul. Minnesota � � and his, her, their, or its agents, servants, successors, heirs, executors, administrators and all other persons, firms, corporations, associations or partnerships of and from any and all claims, actions, causes of action, demands, rights, damages, costs, loss of service, expenses and compensation whatsoever, which the undersigned now has/have or which may hereaftec accrue on•account of or in any way growing out of any and all known and � unknown, foreseen and unforeseen bodily and personal injuries and property damage and the consequences thereof resulting or to result from the accident, casualty or event which occutred on or about the 15th day ' of February , 19 78 , at or near the Commodore Hotel, 79 North We�t rn Avenue, Saint Paul,. M�nnesota It is understood and agreed that this settlement is the compromise of a doubtful and disputed claim, and that the payment made is not to be construed as an admission of liability on the part of the party or parties hereby released, and that said releasees deny liability therefor and intend merely to avoid litigation and buy their peace. The undersigned hereby declare(s) and represent(s) that the injuries sustained are or may be permanent and progressive and that recovery therefrom is uncertain and indefinite and -in making this Release.it is under- stood and agreed, that the undersigned rely(ies) wholly upon the undersigned's judgment, belief and knowledge of the nature, extent, affect, and duration of said injuries and liability therefor and is made without reliance � upon any statement or representation of the party or Farties hereby released or their representatives or by any ' physician or surgeon by them employed. The undersigned further declare(s) and represent(s) that no promise, inducement or agreement not herein expcessed has been made to the undersigned, and that this Release contains the entire agreement between the parties hereto, and that the terms of this Release are contractual and not a mere recital. � THE UNDERSIGNED HAS READ THE FOREGOING RELEAS AND FULLY UNDERSTANDSp IT, . Signed, sealed and delivered this ��l `} day of �- - , 19 `�� . CAUTION: READ BEFORE SIGNING BELOW ,�/" � � � r � �� itne � aren R. Ha not ��w�� w`` ��`- —' Wi tn ess STATE OF � SS. COUNTY OF On the �C� day of , 19�, before me personally appeared i�'Sy'� �p'-� i> �-sG z�"� ✓ to me known to be the person(s) named herein and who executed the foregoing Release and r��-� - acknowledged to me tha ' -� PA7RICIA .�,��x uted the m �,� �� NOTARY PUBIIC•MINNESO A ( � My term expires � RAMSEY CO,laf9�_ \�� ;�- _ .. My Commission ExpiresA;ir.10,1986 ✓ I�otaiy Public _ - - -- . , � .;.- _�. �_....__-�-__ - - . . ,RECEIVtv . .. . �y1'�5�� oEC 8 ��o : � �� (�� ,J - RL•'I.EASE OF ALL CLAIMS C�T�� A��Ui\��1 r , FOR At1D IN CONSIDI:RATION of the delivery of a draft or check to tts� undorsigned in the eum oF^ FortY four Thou� �n� �ncj n/l�� nn� 1 'T'` � �$44 ,000 .00 � , receipt of wtiich ia hereby acknowledgad i each ot the under- ;-+ - rn��r+ _ [1_ic___� aLqr�d doas heraby release and forever diacharge S�•'""' Paul dba Commodore Hotel' Northern St3tes P �v� ' � Thomond 0' Brien arudem BrothersCom ��n yaf and from ell claime, demands� damage�� actiona or cauae� o! ection, whethaz on account of damaga to psope=tY. bodily injuriee or death, re�ulting ot to re�ult from an accldent which occurred on or about ths 15th day of February , 1978 , st or nesr C ��nr� Hnt.�L, � IT IS i3NDERSTOOD AND AGREFD that it i,s a FUL.L AND FINAL REALEl►SE in • full compromise settlement of all claima of avery nature► and kind whntaoever� . and releasea all claime whether knowrs or unknownt euapected or unsu�pected. , THIS REI.EASE reserves to ell p0reons released, and� all p�r�ons or y ent hereundar, �11 legsl rights they ma►Y hm�e •9��t ; corporationa making paYm the undervi�ed. � ' Each of tha underoiclned atates that this Relee�e ha� been carafully reed by and ia aigned ae the free act and dead of such undersiqnad• �y� ' 19 =�"_�`�_,• pATk:A this �--Y day of i! ,(�77. [?_ yv'�17 2/ r WITl�SSES TO SIGNATUR�:: RFAD BEFORE SIGNINGt ; , ' jI ' � tia. � �i,r��? ' 1) ,� ��;' �'�z�f-�.G r�t• ,Z-• �` -�:t-Yl_t�'� ��. r� � �',1,�_ .c:�,� i�z E� ;� .� , Acidreex �1-� ��-� ��-L.�-`_.- - .� � �wr�• ir�1 - �E�E6�IED RELEASE �F ALL CLAIMS �,, MAR �}{�ALL M EN B Y T HESE P RESENTS: �� CITY A f i OR►�EYThat the Undersigned, being of lawful age, for the sole consideraticn of Flf ty-one Thousand and no/100-----------------Dollars g51,000.00�'--'- ' � �'to the undersigned in hand paid, receipt whereof is hereby acknowledged, do/does hereby and for my/our/its heirs, executors, administrators, successors and assigns release, acquit and forever discharge _ Clty Of Sa1Tlt Paul, Minnesota, and his, her, their, or its agents, servants, successors, heirs, executors, administrators and all other persons, firms, corporations, associations or partnerships of and from any and all claims, actions, causes of action, demands, rights, damages, costs, loss of service, expenses and compensation whatsoever, which the undersigned now has/have or which may hereafter accrue on.account of or in any way growing out of any and all known and unknown, foreseen and unforeseen bodily and personal injuries and property damage and the consequences thereof resulting or to result from the accident, casualty or event which occurred on or about the lSth day of February , 1q78 , at or near the Commodore Hotel , 79 North Western Avenue, Saint Paul , Minnesota, It is understood and agreed that this settlement is the compromise of a doubtful and disputed claim, and that the payment made is not to be construed as an a�mission of liability on the part of the party or parties hereby released, and that said releasees deny liability therefor and intend merely to avoid litigation and buy their peace. The undersigned hereby declare(s) and represent(s) that the injuries sustained are or may be permanent and progressive and that recovery therefrom is uncertain and indefinite and in making this Release.it is under- stood and agreed, that the undersigned rely(ies) wholly upon the undersigned's judgment, belief and knowledge of the nature, extent, affect, and duration of said injuries and liability therefor and is made without reliance upon any statement or representation of the party or Farties hereby released or their representatives or by any physician or surgeon by them employed. The undersigned further declare(s) and represent(s) that no promise, inducement or agreement not herein expressed has been made to the undersigned, and that this Release contains the entire agreement between the parties hereto, and that the terms of this Release are contractual and not a mere recital. THE UNDERSIGNED HAS READ�TH�FOREGOING RELEA E�ND FULLY UNDERSTANDSfJ IT. Signed, sealed and delivered this / day of �/��-�t-� 19�.L. , CAUTION: READ BEFORE SIGNING BELOW � 1 D�-fiu�c—�' w. � � ��--w..�.-9c�..i. �cnes n ann Wi tness Wi tness S on STATE OF � SS. COUNTY OF On the � .�� day of ��1� , 19�, before me personally appeared to me known to be the person(s) named herein and who executed the foregoing Release and _ acknowledged 4�� '��Q^� arily executed the s e. . � :�:�:y.;. AVANE�..KOENIG �� My term expires��-`'�'��j• NOTARY FUr!_IC-tv11NP�ESOTA � , � � ��"':� DAKC i�COUTJTY Q },w� � i�otary ublic � `�. bty Commission Expires Jun. 5, 1987 . yc��v��rwr��r�r��ri��'�'tr��r�tvaro'�