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
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City Hall, Saint Paul, Minnesota 55102
612 298-5121