96-1325 ' Council File � � 5
a R I G ! I�� �. Green Sheet #` 31188
ESOLUTION
SA T , INNESOTA �p
7
Presented By
Referred To Committee: Date
1 RESOLVED, That upon execution and delivery of a release in full to the City, in a
2 form to be approved by the City Attorney, the proper City officers are hereby authorized
3 and directed to pay out of the Tort Liability Fund, 09070-0511, to Linda J. Rivard and Leo
4 F. Feeney, the sum of $67,500.00 in full settlement of her claim for damages sustained on
5 or about October 4, 1991, as more particularly set out in the Notice of Claim filed in the
6 City Clerk May 1, 1992.
7
8
9
10 APPROVED:
11
12
13
14 Judg o amse unty District Court
15
Yeas Navs Absent Requested by Department of:
�os rot m ✓
arris � City Attorney
uerin ,�
e ar �
e man ✓
ane ✓ By:
Form A ved by City Attorney
Adopted by Council: Dat qG.
Adoption Cer fied by o c ecretary gy: ,,� �
BY� y Z-- Approyed by Mayor for Submission to Council
Approved by Mayo : Date �d �6 'r)_ � `�2l ,,�
� G � By; l/�'l -►.v.�G
By: f
. ,
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City Attorney 10/9/98 �7REEN SHEET _._ _ _.__ _
a�+o�►E �oEw►�rMEr�r oa�ecroR��� 0 cm couricn. w�u��
Reyne M. Rof uth, 266—8 7 7 3 �� �CITY ATfORNEY �cm c��c
MU N IL ( ) R��p � Df3ET DIRECTOR �FIN.8 MOT.8ERVICEB DIR.
� �YOR(OR ASBISTAN'n �
TOTAL#E OF 8KiNATUi1E PAGES (CLIP ALL LOCATIONS FOR SIGNATURE)
ACfION REOUE8'TED:
Approval of resolution settling claim of Linda J. Rivard against
the City of Saint Paul for- $67,500.
I�COMMENDATWWS:Approw(A)a Rysd(R) pERSONAL SERVICE CONTRACT8 MUST ANSWER TME FOLLOWINQ GUP.STIONS:
_PLANNqrO C�IIS810N _CIVIL SERVICH COt�AMISSION 1. Haa thia personflfrm ever worked under a conV�ct�r this d�pubnent? -
_����E _ YES NO
2. Has this p,roon/flrm ever been a city employee?
—�� — YES NO
_018TRIC'T COURT _ 3. Does dtis personlfkm possaas a skfll not norrtiaOY P�bY�Y a��Y�Ye��
Su�OmB wNlc�c�ci�oe,lECrive7 YES NO
Explaln dl�ra�naw�n on s�p�nb�fNSt and�tUCh to prwn sfa�t
NVITIATIPI(i PROBLEM.ISS4JE.OPPOWTUNITY(NRa.N�h�t,WFisn.WMro.WhY):
From Octobar 31 thraugh Novsmber 4, 1991, 27 inEhes of anow f�ll on
the Ci�y of St. Paui brought by the historic Ii�llo�een bliazard.
On No��mher 4, 1991, at 9:30 p.m. , plaintiff Linda Rivard, a forty-
five yea�r old real estate agent, was dri�rinq her car south bound +�n
l�Iinuesota Hiqhway 3, com�aonly lcnown as the LaFayett� Freeway,
approachir�g the Belvedere Street bridqs in 3t. Paul. At that
ADVANTAO�'��9indshield and causing her to lose control of her car, roliing
it se�eral tines. �everal independent witne�ses driv�.nq beh'ind
Rivard testified in deposition the object that fe�ll froa the bridqe
wae fro�en snow or ice from the out�r wall of the bridqe.
The accid�nt remulted in sev�rs facial injuries to R3vard ineludfng
fract�res Qf the sinus, nasal, eye orbits, ].acrimal (tear) systen
and upp�r jaw, as well as, the lose of numeraus teeth. � Rivard's
.
�� corrective surgery. A conservative estimate of her future medical
expense� is $�00,000. She ha� made a past waqe los� claim of
apprcximataiy $20,000. �
Rivard sued th� City of St, Paul for her injuries claiming the City
was nagligent in it� ano� plowing and snow removal activities. The
City brought a summary judgement motion in District Court arguing
Rivard could not prove that the Gity caused her accident by
e snow or ce ui up on e r
forcea, or by plowing snow up and/or over the top of the bridqe and
that the �ity was im�une fro� liability. The District C�urt ruled
aqainst the City. The City appealed the deoision to the I�tinnesota
Court of Appeala which affirm+�d the trial court.
Councii Resea�ch CentN'
��T 1 3 1996
TOTAL AMOUNT OF TRANBACTION : 67.5OO.OO COST/REVENUE BUDGETED(CIRCLE ONB) YES NO
FUNDIIi�iSOURCE Tort L7.3Ulllty ACTIVITYNUMSER 0907�-511
flNANCIAL INFf�AMATION:(EXPlA1N)
, � � � ���
The case is set for jury trial on November 18, 1996. If Rivard
prevails, the severity of the injuries will most likely result in
a verdict in excess of the City's statutory tort limits of
$200, 000. The City Attorney's Office has negotiated a settlement
with Rivard in the amount of $67, 500 which fairly reflects the
risks of a trial and avoids the attendant costs of trial. For all
of the above reasons this office recommends approval of settlement
in the negotiated amount of $67,500.