268787 WH17E - CITV GLERK COUI1C11 ������
PINK - FINANCE �''
CANARV - DEPARTMENT G I TY OF SA I NT �PA LT L �
BLUE - MAVOR File NO.
Council 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 and directed to pay out of
Tort Liability Fund No. Og070-511-000 to Marie Schwandt and
Terry M. Cosgrove, attorney, the sum of Three Hundred Fift.y
(�350. 00) Dollars in full settlement for their claim for
damages arising out of an incident on April 8, 1g75 whereby
Marie Schwandt suffered personal in�uries as a result of
tripping over a raised sidewalk block on Eighth Street in
back of the W. T. Grant store.
COUNCILMEN �
Yeas Nays Requested by Department of:
Butier
Hozza In Favor
Hunt
Levine _ Against BY
Rcedler
Sylvester
Tedesco
M� � � �; Form Approved by City Attorney
Adopted b ouncil: Date
Cert ed Pa by C ncil ecret2ry, BY � '" �� �
B y �-�
Approved by � or. Date � ��;3 �9� Approved by Mayor for Submission to Council
By BY
PUBUS��o MAR 2 6 197?
, • .
. � �'�1���
, +
CITY OF SAINT PAUL
OFFICE OF THE CITY ATTORNEY
March 11, 1977 HARRIET LANSING
T0: Members of the City Council
FROM: Daniel L. Ficker '���-.�-•
SUBJECT: Claim of Marie Schwandt
The cla3m of Marie Schwandt arose out of an incident on
April 8, 1975 when she tripped on a raised sidewalk block
on the south side of Eighth Street behind the old W. T. Grant
store. Actually, _she probably tripped over a triangular
piece of sidewalk that had broken from the rest of the block.
Tn any event, when she fell she suffered abrasions of the
left knee and the left elbow and a mild strain of the left
thigh with some bruising. She also was spotting for a couple
of days after the accident , wh�ch indicates that the trauma
from the fall was somewhat severe. She was examined by her
doctor after the accident, and in addition to the above noted
symptoms, she also complained of low back pain. Mrs . Schwandt
was receiving treatment at the time of the accident for
in�ury to the right shoulder that she suffered on December 13,
1974 when she slipped on an icy sidewalk. She had basically
the same complaints when she was �gain seen on April 11, 1975
and on April 16, 1975. She still complained of pain in the
lef't knee when she was seen on May 27 , 1975, and on July 19,
1975,1 but by the time of the last examination, her doctor
thought that her gross overweight condition contributed more
to the xesidual pain than the actual injury. Apparently, Mrs.
Schwandt is still experiencing occasional problems with the knee.
Her total medical bills for x-rays and treatment are less than
$100. 00 and she has no loss of wages.
2n terms of liability, I don't think there is too much question
that the City would be held liable to Mrs . Schwandt. A city
employee witnessed her fall and he said the sidewalk block was
raised about 1�1/2 inches. In terms of damages, it is hard to
say what a �ury would award in its verdict, but I don't think it
would be under $500. 00. Therefore, I recommend the settlement
of $350, 0o to you.
1 The May 27th and July 19th examinations were
probably directed
primarily to the shoulder problem and not the knee problem.
City Hall, Saint Paul, Minnesota 55102
612 298-5121