96-1231 � �'.� ,.__� � � F � � ,��
, �
- y_,' 'e `� � .,�.� � � �� (��: Council File # �
� Green Sheet # 31135
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA 'G�
Presented By
Referred To Cocncnittee: Date
1
2 RESOLVED, that upon execution and delivery of a release, in full, to the City of
3 St. Paul, the proper City officers are hereby authorized and directed to pay out of the
4 Tort Liability Fund, 09070-0511, to Steven J. Shimek & Loren H. Dorshow, his attorney,
5 the sum of �10,000.00 in full settlement of his claim for damages arising out of a motor
6 vehicle accident at or near University Avenue and Fry Street on Apri120, 1989.
ea Navs Absent Requested by Department of:
H t
arris� T � City Attorney
uerin
e ar
eunean Z � T BY� r
Adopted by Council: Date ��_ �T1qC�` Form Approved by City Attorney
Adoption Certified by Council Secretary BY: I ���,�,
By� Approved by Mayor for Submission to
Approved by Mayor: Date � � �Z� Council
�
gy; ��L �L �J��� By' ' /L � n
�� ��.i1a31 V
�L OATE iN IA D N_ 3.1 13 5
City Attorney 9/18/96 GREEN SHEET __
?`, °� �oe�eNr aaECroR���wa►re �cm c�ca �wnnva�re
Theodore D. Leon, 266-87�� �� �c���� �cmc�aK
Mu �na�wa►sv( ) � �euoc3er oip�c�or+ �Fn�.a Mor.sEnvu�s aR.
ORDER MAYOR(OR A8818TANn
TO'TAI-#t OF SKiNATURE P�GE$ (CLIP ALG I.�ATIONS FOR 8i�iNATUREj
�cr��euESreo:
aippzaval of rssolution aettlinq the claia aqa������gi of
St. Paul by Steven J. Shimek for $10,000.00.
REC;OMMENOATIONe:Approw(A)a Rysot(R) PERSONAL SERWCE CONTRACTS MU:T AN$WER TNE FOLLOWINO CUESTIONB:
_PIANNINO f�AAM18S10N _GYIL SERVICE f�MM8810N 1. Has ihla persOn/ffmt ever woHted undsr a C01NfaCt for tllii d�p�fdnsnt?o n�
_C�CaMMITTEE _ YES Nb �IC� P��S��I'� l�Iter
2. Hes this personlflrm sver been a cily employee?
_STAF'� — YES NO
_DIBTRIGT COURT — 3. Does this PereoNfirm poesess a�kNl rwt nonrreNY D������?
8UPPORT8 WMldi COUNCI�OBJECi1YE9 YES NO
Explein sll y�s�nsw�n on ssp�r�sfa�t�nd ttG�ch to oe�n tM�t
.
MITIATMIO PR08LEM�ISSUE.OPPARTUNIIY(Wlp.Wh�t�Whsn.WMro.N�hy):
on July 24, 1989, plaintiff St. Paul PQlice Officer Staven
Shimek, was on duty in an �nnarked squad. Shinek vas park�d alcng
Univ�rsity �iven�s b�ckinq up another squad wh�n Defenclant �nnis
Christian�on ra�s�ed the squad from behind. Christianson was
ir�toxicated at the time and the veliicle �te was driving was
uninsured. Mr. Christianson diad prior to the initiation o� this
lawsuit.
ADNANTAi�'F"�"O''��Indsr the No F�ult Statute the City of St. Paul, as a
self-insurer of ths �quad car Shi�ek wae occupyinq at tl�e time of
th� acaid��t, b�came responsible for providing uninaured motoriet
coveraga to plair�ti�f and '�tepped into the �hoes� of the uninsured
Chriatfaa�son. shimek brought suit aqainst the City, as unir�sured
motorist aarrier, clafming that the negligence of Mr. ChriatiaRaon
caus+�d hiaa psr�aar��nt mnd �evere injurieB to his lu�bar spine.
D1�""T'���� of i�juty or complair►ts of trauaa to his baick. How�v�er,
t.t�re� y�a�c� after the accident Shimek re-in�ured his back while
lifti� a t�silar hitch. Shime�k ca�aplains of persietent baek pain
with occa�i�nal �adiation into his io�er eutrenities. He treated
with � r�be� of neuroloqists and had several imaging stud�es
perforaad. T�c�se studies indicated th� presence of a lumbar disc
her�iation, ss�ondary to trauma. Shimek's �xp�trt apined t1ia�
Shimskfs obj:�ctive abnornalities and subjectiv� cc�►plaints were a �
cis�ov � •
the liltfmq incident was only a temporary agqravatio� of the
oriqir�al injury. The City retained an sxpert who p�rform� an
indepen�ent aedical avalution on Shimek ar�l co�fira�d the presence
of obj�ctive abnor�ralities on the imaginq studiee that were caus,�d
by tra�a. No�ev�r, ttie City�s expert could not detsnaine �3+c1�
inj�ry cauasd #.he ab�or�alitie�. Both sxperts aqre�d tMat Shi�ak
rsceived an �njury to his spine as a result of the 1989 ear
accident.
TOTAL AMOUNT OF TRAN3ACTION $�-O, O O O .O O COST/REYHNUE SUDGETBD(CIRCLE OME) YES NO
����E Tort Liability ACTIVITYNUMBER 09070
FIfiAPlCIAL INF�iMATION:(EXPLAIN)
a �-�a��
This case was scheduled for trial on October 21, 1996. On
September 13, 1996, a pre-trial conference was held before the
Honorable M. Michael Monahan at which time settlement negotiations
were initiated. On the same date the parties agreed to a proposed
settlement of all Shimek's claims for a payment of $10,000. 00 by
the City of St. Paul. Given the uncontestable liability which
accrues to the City and the nature of Shimek's injuries, this
office recommends settlement of the matter in the amount of
$10,000.00.