96-1078 i �'� `_�.` �,. G �� � ;p} �
� , � Council File ,� �'� Q 8
M �.,..' a ';. W , � . � . ..�.
Green Sheet #` 31133
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Presented By
Referred To Committee: 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 Paul Smith and Hersch Izek, his attomey, the sum of
5 $5,000.00 in full settlement of his claim for damages arising out of a motor vehicle
6 accident with a city vehicle at or near the intersection of Aldine and University Avenue
7 on March 17, 1994.
Y� Navs Absent Requested by Department of:
a e �
os rom City Attorney Office
arris �
ue in � ��
e er '
e m n �' � ��
une � BY� i�S�C.
Adopted by Council: Date �,�_ (� ���, Form Approved by City Attorney
Adoption Certified by Council Secretary gy: �� � ��
...� o�
.
BY� �- - Approved by Mayor for Submission to
Approved by Mayor: Date �j� Council
By:
� CG ��� BY: ��
� 9b-�o�� �
� ����"�� �REEN SHEET N_ 3.1 13 3
�,� City AttorneY 8/20/96 --- - ---
a DHWViTMENT DIREC1nR�� m cm cour�ci� �mnua►r�
L i s a L. V e i t h, 2 6 6—8 7 2 3 �N �C17Y ATTORNEV Q CITY CLERK
��oo+o�sr ca►rE1 R��� euuoer aRE� �fla.a Mor.seRV�s o�.
oROeB �u►von ca+�s�r,�rm �
TOTAL#F OF SIONATURE PAQES (CLIP ALL LOCATIONS FOR 81fiNATUR�
�cna+�cuESr�o:
�oval of rasolution settlinq. tbe clain aqainat t�e C#,ty of
3t. Paul by Paul Saith for $5,040.00.
REOOAAAAENDATIONe:Appow(A)a Re�ect(Fil PERSONAL 8ERYICE CONTRACTS MIf8T ANBWER TNB FOLLOMIINA GUEi710N8:
_PMNNING CflA�IM118S10N _CtVil BERVICE COMM1881�1 1. Hes this pe�#onRirm ever work�d under a CoM�aCt to�Mds deDerblW��
_CIB c�A1TTEE _ YES NO - �1�
2. Has this psraor►Xirm ever been e cky srt�ployee?
—� — �S No AUG 2 3 i�l6
_oisrplCT couar — s. �oes mIs psreonn�►m possea.sklN na nc►me�N aoe�ss.d by any cwaeM cltY srt�oyes4
SuPPORTB WHk�I COIJNCIL OBJECnvE? YES NO
Explsin all yN�naw�rs on a��sM�t�nd Nhoh to��Q�F�
INRIATMIf3 PROBLEM.188UE�OPPORTUNITY(Who�MMhtl.Whsn�WMr�.1Nhy):
The incider�t �anderlyinq this case occurrtd at about 6s04 p.m.
c>r► March 17, 1994, at th� intersection ot l�ldine and University in
the City of St. Paul. St. Paul polic� officer Mark Pierae
proceeded north on Aldina to Univ�eraity and sto}�ped for � r�
liqht, th�n attempted to make a riqht turn. As the aquad car moved
forward, it struck the plaintiff, Paul Smith, who wa� on foot
�oviwr�s��PVAOV�o:
Officer Pierce failed to see Smith in the crosswalk, There is
no question that Smith was crossing with a q�een light and
therefore had the right of way.
S�it� t�as employed as a �a�ual laborer at the time of the
accident, a�d had recantly moved into St. Paul fron Oliio. F�e
claims that as a result of the accid8nt ht haa suffsred germanent
�� aa ost wa;ges ar�d the abiiity to �ork in his former occ�$ation.
The City of �t. Pa��l gaid aut $13,00,0 in no-fault ben��its �o S�ith
untfi November 1994. Since that time, Smith claims he has incurred
an additional $13,000 in �dical expenses and $10,00o in wage loes.
The Il� physici�n hired by the City aqr�ed that a CT scan did show
disc bulqi�q, bt�t was of the opinion that it was not clinically
eignificant and that the�e w�a no need for further treatme�t after
November of 1994.
ois�ow►nrr�oES��+o�r�HOV�o:
lR ct�ur�t-c�r�€� madiatio� was Meld an July 22, 1996 and �aith
daaaada�d �74,�0�. �rentually, an aqree�ent was reac�he� betwe� tbe
pa�tie� �hat Ssith would dis�iss the i�wsuit for a pay°�n� of
�5,000, a�t�d be periaitted to a�bitrate his outstandir�q medical and
wage loss ciaims, as he is per�►itted to do �nder Mf�e�ota �:a�.
Giw�r� � liability i�sues and tl�e extent af inj�riea, �is o#ffce
rer�e�d6 agp�roval.
TOTAL AMOUNT OF TRANSACTION = S, O O O.O O C08T/REVENUB BUDf3ETE0{CIRCLH ONE) YE NO
FtlNOINQ80URCE Tort L1lblllty ACTIVITYNUMSER 09070
FlNAWCUII.INFORMATION:(EXPLAIN)