272191 WIi1TE - CITV CLERK
PINK - FINANCE G I TY OF SA I NT PAU L Council ������ " �
CANARV - DEPARTMENT
BLUE - MAVOR File NO.
' R olution
Presented By 0
Referred To C mittee: Date
Out of Committee By Date
RESOLVED, that upon the 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 Benedict Casey, Ma.ry Casey, Classified
Insurance Company and Michael J. Sauntry, their attorney, the
svm of $5,934. 75 as consideration of a full and final release of
their claims for property dama.ges sustained by a falling of a
tree upon their home.
COUNCILMEN Requested by Department of:
Yeas Nays �
Butler In Favor
Hozza
Hunt
Levine _ � __ Against BY
�- �
Showalter
Tedesco �(�` � 2 t9� Form A roved by City A o e .
Adopted by Co . Date
Certifie ed by Counci Secretary B
Ap r by iVlavor: Dat �EC � 4 ���$ Approved by Mayor for Submission to Council
g By
pUBLISHEO D E C �
� �`�`=�:�.��..
,,..�����;�ro��� CITY OF SAINT PAUL
-R'` ��-�"' OFFICE OF THE CITY ATTORNEY
�
;� � y L
�� '��' 1°" �� SUZANNE E. FLINSCH, CITY ATTORNEY
,,,,
'"'��+�„�"o�""'` 647 City Hall,Saint Paul,Minnesota 55102
GEORGE LATIMER 612-298-5121
MAYOR
M E M 0 R A N D U M
T0: Members of the City Council
FROM: Frank E, Villaume, III �I
Assistant City Attorney � `-�..
DATE: December 4, 1978
RE: Settlement of claim by Benedict Casey
and Mary Casey against the City of St. Paul
Plaintiffs sought reimbursement for the damages sustained to
their homeat 976 Lincoln Avenue, St. Paul, on September 10, 1976,
by the falling of a large elm tree against the west side of the
structure. The tree was being removed as part of the Dutch Elm
Disease program by a city crew. A decision was made by the
forema.n to cut the tree at the base and with the use of ropes
and pulleys direct its fall diagonally accross Chatsworth.
Following the cut, the tree began to fall when it suddenly rotated
counterclockwise striking the house. The repair bills totalled
$7 ,912.
The question of l�ability rests upon a finding of negligence,
that is a determination that the City by its employees failed to
use the standard of care that an ordinary, prudent person possessing
the requisite slcill and knowledge would have used under the same
or similar circumstances. Obviously, there was no negligence
on the part of the homeowners. The facts give rise to the legal
theory of "res ipsa loquitor" which permits a presumption of
negligence to be drawn where the instrumentality is solely under
the defendant ' s control and the accident is of a type that would
not occur in the absence of negligence.
The settlement represents a compromise of the total damages .
The City Attorney' s office recommends the settlement upon its
belief that a jury would find negligence in the conduct of the
employees .
FEV:paw
atta.ch.
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