268510 WHITE - CITV CLERK COIITICII /�������V
PINK - FINANCE �
CANARV - DEPARTMENT C I TY OF SA I NT PAU L �
BLUE - MAYOR File NO•
cil Resolution
Presented By
Referred To Committee: Date
Out of Committee By Date
RESOLVED, that upon the execution of a Release
of Al1 Claims approved by the City Attorney the proper
city officers are hereby authorized to pay out of Tort
Liability Fund No. 09070-511-000 the sum of Four Hundred
($400. 00) Dollars to Theodore D. Thone, and John C. Rowland,
attorney, in full settlement of their claim for damages
arising out of an incident occurring on July 7, 1975 at
Conway Playground whereby Theodore Thone suffered a
fracture of a bone in the left shoulder when he slid
into second base on Field No. 1 and his shoulder struck
an exposed base marker peg.
COUNCILMEN
Yeas Nays Requested by Department of:
Butler In Favor
Hozza
Hunt
Levine _ Against BY
Roedler
Sylvester
Tede
� � iQ� Form Approved by City Attorney
Adopte y Counci . Date —�o,--�
rtified P ed by ouncil Secretary BY
Q c�,.,�Q �'��.
App o e by \4ayor: D �EB 1 0 1977 Approved by Mayor for Submission to Council
By BY
� �!�'EL�$hED � r+
� EB 1 � 1977
� •
��'����
CITY OF SAINT PAUL
OFFICE OF THE CITY ATTORNEY
January 26, 1977 HARRIET LANSING
T0: Members of the City Council
FROM: Daniel L. Ficker � _ �_�,
SUBJECT: Claim of Theodore D. Thone
The claim of Theodore D. Thone arose out of an incident
occurring during a softball game on Conway Playground on
July 7, 1975 on Field #1 whereby Mr. Thone suffered an
incomplete fracture in the shoulder when he slid head-
first into second base to avoid a tag and his shoulder
struck an exposed base marker peg. Mr. Thone' s medical
specials and wage loss resulting from the injury was
approximately $125. 00, and his arm was in a sling for
about four weeks . He was able to avoid additional loss
of wages as a postal clerk by transferring to a different
job during the period of convalescense. The peg that he
struck was a piece of 2x4 embedded in the ground. The peg
was used to mark the location of second base on the field,
and this type of marker is commonly used on all city play-
grounds and athletic fields where baseball or softball is
played. Mr. Thone was participating in a city organized
softball league at the time of the in�ury. The peg was pro-
truding between one and one and one-half inches above the
ground at the time of the in�ury. The City grounds keeping
crews are supposed to keep the pegs at or below ground level,
but apparently someone neglected to pound this peg down. It
is hard to determine what award a �ury would make if the matter
was tried because the specials (medical and wage loss) are
low, and Mr. Thone obviously made a sincere effort to mitigate
the special damages. However, it appears to me that we could
expect a �ury verdict in the range of $800. 00 to $1200. 00
with a finding that the City was two-thirds negligent and
Mr. Thone was one-third negligent. Thus, it appears to me
that a settlement of $�400. 00 is reasonable and I recommend
that the Council approve it.
DLF
City Hall, Saint Paul, Minnesota 55102
612 298-5121