274261 WMITE - CITV CLERK yyy���
PINK - FINANCE - GITY OF SAINT PAUL
CANqRV - DEPARTMENT F �e Cll�o• �����;�- �I
BLUE - MAVOR .
Co�ncil Resolution
Presented By
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Referred To Committee: Date I
Out of Committee By Date
RESOLVED, that upon execution and delivery of a release ''�
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in full to the City of Saint Paul, the proper City officers .� I
are hereby authorized and directed to pay out of the Tort Liability
Fund 09070-511-822, to: Johanna Berwald and Donald L. Lais, her
attorney, the sum of $1,000.00 in full settlement of her claim '�
for damages sustained April 30, 1977, as more particularly set
out in a communication to the City Council on June 2, 1977. �
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COUfVCILMEN Requested by Department of:
Yeas McMAHON Nays �
� In Favor
Hunt �
Levine __ Against BY
Maddox
Showalter
- --�AT��o 1980 Form Ap oved by Cit Attorne� . -
Adopte y Counci . Date
C iEied Pas• by uncil Se retar
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�# r v by :Vlavor: Da __��, � �Ag� Approved by Mayor for Submission to Council
By By
Pi.�6L.ISHcG !y iJ � �'a ;{-id-,`�
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_R����ITY oF;;, CITY OF SAINT PAUL
=o � �% OFFICE OF THE CITY ATTORNEY
�i.� IEI i'.II�� c"
EDWARD P. STARR, CITY ATTORNEY
, �es. , 647 City Hall,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 Attorney
DATE: January 2, 1980
RE: Claim against the City of Saint Paul by
Johanna Berwald
Claimant, Johanna Berwald, is the trustee for the heirs of Wayne
M. Berwald, who was killed in a one-car auto accident on April 30,
1977 , on the East Shore Drive of Lake Phalen. Berwald was a
passenger in a car driven by a friend, William Kramer, and they
were enroute home from a party at which both had consumed alcoholic
beverages. Kramer apparently fell asleep and struck a tree on
a curve causing the death of Berwald.
The claimant is Berwald's mother. She claimed that the City was
negligent in the design and signing of the curve as well as
. permitting the trees to grow so close to the street surface.
The City reached a settlement for $1,000.00 to avoid lengthy
litigation.
This office recommends acceptance of the settlement.
FEV:paw
attach.
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