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268786 �4 i WHITE - CITV CLERK COUf1C11 �,��� PINK - FINANGE G I TY OF SA I NT PAU L � CANARV - OEPARTMENT BLUE - MAYOR File NO• ouncil Resolution Presented By Referred To Committee: Date Out of Committee By Date RESOLVED, that upon the execution of a Release of All Claims approved by the City Attorney, the proper City Officers are hereby authorized to pay out of Tort Liability Fund No. Og070-511-000 to Judith Ann Ziegler and Larry Neilson, attorney, the sum of Four Hundred ($400. 00) Dollars in full settlement of their claim for damages arising out of a fall-down occurring on September 15, 1974 on the carriage walk in front of 523 Portland whereby Judith Ziegler suffered a broken bone in her left foot . COUNCILMEK Yeas Nays Requested by Department of: Butler Hozza [n Favor Hunt Levine __ Against BY Rcedler Sylvester Tedesco �� 2 2 �9� Form Approved by City Attorney Adopted by Co il: Date ^ �Q ` , , n �� ��.c�R�,u Certifie assed oun ' Secretary/ BY Appro e by Mayor: D e ` M� 2�3 Approved by Mayor for Submission to Council By BY Qt1BLISHED MAR 2 6 1977 . � � f�'���� C ITY OF SAI NT PAUL OFFICE OF THE CITY ATTORNEY March 14, 1977 HARRIET LANSING T0: Members of the City Council FROM: Daniel L. Ficker SUBJECT: Claim of Judith Ann Ziegler The claim of Judith Ann Ziegler arises out of an incident on September 15, 1g74 when she fell on the carriage walk in front of 523 Portland, The walk was old, having been constructed many years ago using hexagon sidewalk blocks, Mrs. Ziegler said that her left instep came down on a high spot in the carriage walk at its �unction with the public sidewalk, causing her to fall. As a result of the incident, Mrs. Ziegler sustained a broken bone in her left foot . She incurred medical and hospital bills in the amount of $280. 00 and lost $75. 00 in wages. Although she is still claiming some difficulty with her foot , there is no permanent disability. As to the City� s liability in the matter, it will probably surprise you to find out that the City is liable for failure to exercise reasonable care to maintain carriage walks as well as the public side- walks reasonably safe for pedestrians using them. However, the standard of care required to maintain the boulevard area �.ncluding the carriage walk) is less than the standard of care required to maintain the public sidewalk. I don't like to offer anything for these types of accidents, but , as a pract�cal matter, this office would lose all credibility with the District Court bench if we tried a sidewalk fall-down case that could be settled for $400. 00. Also, knowing that most ,juries are sympathetic and want to compensate the plaintiff in some amount for his or her in�uries, T would expect that the plaintiff would walk away from the court room with six or seven hundred dollars. Accordingly, I recommend the four hundred dollar settlement for your approval. •KNSH•inva ls ��I,��a 5,X!l31� �ilfl ��� aa 9� � rt � a�,�� City Hall, Saint Paul, Minnesota 55102 612 298-5121