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
.—
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�.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-' �
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`��\�(�Itli�
-`��GiTYOF@, CITY OF SAINT PAUL
- � '"'' '' OFFICE OF THE CITY ATTORNEY
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%�,��,,�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
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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.
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