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272635 Rr .. WHITE - CITV CLERK COURCll � ���� PINK - FINANCE TY OF S NT PAUL - CANARY - DEPARTMENT BLUE - MAVOR File NO. Co l solution Presented By Referred To ommittee: 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: Walter Barry, the sum of $1, 744. 22 in full settlement of his claim for damages and injuries sustained May �17, 1978, as more particularly set out in a commvnication to the City Council on June 13, 1978. COUNCILMEN Yeas Nays / Requested by Department of: Butler � .�,�� In Favor ��t L.evine _ __ Against BY — Maddox Showalter ' Tedesco Form Appr ved by City Attor y Adopted by C . Date � � 3 �� Certifi ass d ouncil Se retary• BY .— r �.1pp v 1�lavor: Date �IAQ � A 1Q7Q Approved by Mayor for Submission to Council By _ BY ` RuB�rsK�o MAR 1 ? t979 S�lN'"+y-' � ` �/ yi�1� !' `��\�(�Itli� -`��GiTYOF@, CITY OF SAINT PAUL - � '"'' '' OFFICE OF THE CITY ATTORNEY '; ��. =� iiie1i ii�ii �= %�,��,,�c/ S U Z A N N E E. F L I N S C H, C I T Y A T T O R N E Y '%,, - r���.�a�4c��o" 647 CiYy H211, 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: Frank E. Villaume, III ��� Assistant City Attorne DATE: March 5, 1979 RE: Walter Berry v. City of Saint Paul Claimant Walter Berry was injured on May 17, 1978, at Eastview Playground in St. Paul while p�aying softball. The field is separated from an adjoining alley by a chain link fence. About 6 weeks before the incident the playground supervisor reported that the clliaa.in link fabric had been cut to permit entry onto the field. Repairs were made but the fabric was again cut by unknown persons. This resulted in the top horizontal pipe remaining in place, but without the fabric underneath. While playing ball, Mr. Berry chased a foul ball and ran into this horizontal pipe causing breakage or damage to five front teeth. His total medical expense was about $1, 265. In addition, he lost several days work. He brought suit seeking $20,000. The liability question is complex. Inspections by City emp�oyees was sporadic at best. On the other ha.nd, Mr. Berry must assume some risk in playing softball having seen this condition existing. This office approves a settlement of $1, 744.22 which is a compromise that permits the claimant to recover most of his out-of-pocket expenses . FEV:paw attach. U