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01-685ORIGINAL Presented By Referred To RESOLUTION CITY OF SAINT PAUL, MINNESOTA Council File # � 1— C�'S Green Sheet # 101103 �S Committee: Date On September 24, 1998, Plaintiff Michael Jenkins stepped in a hole in the boulevard at 745 Englewood St. in St. Paul. Two years earlier, the City discovered a sewer separation at the wye connection which may have contributed to the development of the hole. The City maintained the boulevard where the hole was located. The Plaintiff was injured as a result of the fall. On February 4, 2000, the Plaintiff brought acrion against the City, the properiy's contract vendor and vendee to recover damages for injuries to his neck and back, medical expenses and lost wages. This matter has progressed through pretrial discovery, which concluded with court- ordered non-binding arbitration. The arbitrator found the City to be 60% liable. An objective evaluation of the liability and damages issues has led our office to enter into a proposed settlement agreement consistent with the arbitrator's award, which contemplates the payment of $8,191.56 to Plaintiff in exchange for a full, final and complete settlement and release of his claims against the City. Council approval of this agreement is recommended. Adopted by Council: Date�j=��a OC � C Adoption Certified by Coun�' Sec ry By: �� /�,,� Approved by Mayor: Date J V �� c.c.�y f By: � Requested by Department of: Cit Attorne 's Office Hy: Form Approved by Cit Atto ey By: �. Q�.4��..� Approved by ayor for Submission to Council By: City Attorney's office TOTAL # OF SIGNATURE � � o�-�FS 1��103 ❑ wtu��aunr.�sow. ❑ wuxo��m�wiscro � wvoRroR�wrwm ❑ (CLIP ALL LOCATIONS FOR SIGNATURE) Approval of resolution settling claim of Micheal Jenkins against the City of St. Paul for $8, 191.56. i �� ,{,n; �� ,�i?N 2 � 2Q91 PLANNING CAMMISSION CIB CAMMITTEE CIVIL SERVICE CAMMISSION Flas this P��rm erer worked under a aM'act fa this dePaAment7 YES NO Hm this pereauhrm ever men a dry empbyce9 ...�—. YES NO • . Oaes Mis pe�saKrm P� a stdll not narmalTYP�%� bY enY wrteM qty emWoYee7 YES NQ Is ihis peisoM�m a tergeted ventlor9 YES NO On September 24,1998, PlainflffMichael Jenkins stepped in a hole in the boulevazd at 745 Englewood St. in St. Paul. Two years eazlier, the Ciry discovered a sewer sepazarion at the wye connecflon wluch mayhave conhibuted to the development of the hole. The City maintained the boulevazd where the hole was located. The Plaintiff was injured as a result of the fall. On February 4, 2000, the Plainriff brought action against the City, the property's contract vendor and vendee to recover damages for injuries to IFAPPROVED his neck andback, medical �penses and lost wages, Tkris matterhas progressed througJipretrial discovery, which concluded with court-ordered non-binding arbitration. The arbilrator found the City to be 60% liable. An objecrive evaluation of the liabiliry and damages issues has led our office to enter into a proposed settlement agreement consistent with the azbitrator's awazd, which contemplates the payment of $8,L91.56 to Plainriff in exchange for a fiill, final and complete settlexnent and release of lus claims against the City. Couucil approval of tlus agreeinent is recommended. i4DVANTAGES IF APPROVED IF NOT AOUNTOFTRIINSACTIONt� 79i _SF, souecE Tort i.i ahi 1 i fi� 6-19—01 GREEN SHEET No mn�umer oFr��rtouero¢ � ancarc GN mewrz arcwnowev arcacxc �STlREVEqUEBUDOETED(CfRCIEONk� �(YE� NO �•� � (�WM ORIGINAL Presented By Referred To RESOLUTION CITY OF SAINT PAUL, MINNESOTA Council File # � 1— C�'S Green Sheet # 101103 �S Committee: Date On September 24, 1998, Plaintiff Michael Jenkins stepped in a hole in the boulevard at 745 Englewood St. in St. Paul. Two years earlier, the City discovered a sewer separation at the wye connection which may have contributed to the development of the hole. The City maintained the boulevard where the hole was located. The Plaintiff was injured as a result of the fall. On February 4, 2000, the Plaintiff brought acrion against the City, the properiy's contract vendor and vendee to recover damages for injuries to his neck and back, medical expenses and lost wages. This matter has progressed through pretrial discovery, which concluded with court- ordered non-binding arbitration. The arbitrator found the City to be 60% liable. An objective evaluation of the liability and damages issues has led our office to enter into a proposed settlement agreement consistent with the arbitrator's award, which contemplates the payment of $8,191.56 to Plaintiff in exchange for a full, final and complete settlement and release of his claims against the City. Council approval of this agreement is recommended. Adopted by Council: Date�j=��a OC � C Adoption Certified by Coun�' Sec ry By: �� /�,,� Approved by Mayor: Date J V �� c.c.�y f By: � Requested by Department of: Cit Attorne 's Office Hy: Form Approved by Cit Atto ey By: �. Q�.4��..� Approved by ayor for Submission to Council By: City Attorney's office TOTAL # OF SIGNATURE � � o�-�FS 1��103 ❑ wtu��aunr.�sow. ❑ wuxo��m�wiscro � wvoRroR�wrwm ❑ (CLIP ALL LOCATIONS FOR SIGNATURE) Approval of resolution settling claim of Micheal Jenkins against the City of St. Paul for $8, 191.56. i �� ,{,n; �� ,�i?N 2 � 2Q91 PLANNING CAMMISSION CIB CAMMITTEE CIVIL SERVICE CAMMISSION Flas this P��rm erer worked under a aM'act fa this dePaAment7 YES NO Hm this pereauhrm ever men a dry empbyce9 ...�—. YES NO • . Oaes Mis pe�saKrm P� a stdll not narmalTYP�%� bY enY wrteM qty emWoYee7 YES NQ Is ihis peisoM�m a tergeted ventlor9 YES NO On September 24,1998, PlainflffMichael Jenkins stepped in a hole in the boulevazd at 745 Englewood St. in St. Paul. Two years eazlier, the Ciry discovered a sewer sepazarion at the wye connecflon wluch mayhave conhibuted to the development of the hole. The City maintained the boulevazd where the hole was located. The Plaintiff was injured as a result of the fall. On February 4, 2000, the Plainriff brought action against the City, the property's contract vendor and vendee to recover damages for injuries to IFAPPROVED his neck andback, medical �penses and lost wages, Tkris matterhas progressed througJipretrial discovery, which concluded with court-ordered non-binding arbitration. The arbilrator found the City to be 60% liable. An objecrive evaluation of the liabiliry and damages issues has led our office to enter into a proposed settlement agreement consistent with the azbitrator's awazd, which contemplates the payment of $8,L91.56 to Plainriff in exchange for a fiill, final and complete settlexnent and release of lus claims against the City. Couucil approval of tlus agreeinent is recommended. i4DVANTAGES IF APPROVED IF NOT AOUNTOFTRIINSACTIONt� 79i _SF, souecE Tort i.i ahi 1 i fi� 6-19—01 GREEN SHEET No mn�umer oFr��rtouero¢ � ancarc GN mewrz arcwnowev arcacxc �STlREVEqUEBUDOETED(CfRCIEONk� �(YE� NO �•� � (�WM ORIGINAL Presented By Referred To RESOLUTION CITY OF SAINT PAUL, MINNESOTA Council File # � 1— C�'S Green Sheet # 101103 �S Committee: Date On September 24, 1998, Plaintiff Michael Jenkins stepped in a hole in the boulevard at 745 Englewood St. in St. Paul. Two years earlier, the City discovered a sewer separation at the wye connection which may have contributed to the development of the hole. The City maintained the boulevard where the hole was located. The Plaintiff was injured as a result of the fall. On February 4, 2000, the Plaintiff brought acrion against the City, the properiy's contract vendor and vendee to recover damages for injuries to his neck and back, medical expenses and lost wages. This matter has progressed through pretrial discovery, which concluded with court- ordered non-binding arbitration. The arbitrator found the City to be 60% liable. An objective evaluation of the liability and damages issues has led our office to enter into a proposed settlement agreement consistent with the arbitrator's award, which contemplates the payment of $8,191.56 to Plaintiff in exchange for a full, final and complete settlement and release of his claims against the City. Council approval of this agreement is recommended. Adopted by Council: Date�j=��a OC � C Adoption Certified by Coun�' Sec ry By: �� /�,,� Approved by Mayor: Date J V �� c.c.�y f By: � Requested by Department of: Cit Attorne 's Office Hy: Form Approved by Cit Atto ey By: �. Q�.4��..� Approved by ayor for Submission to Council By: City Attorney's office TOTAL # OF SIGNATURE � � o�-�FS 1��103 ❑ wtu��aunr.�sow. ❑ wuxo��m�wiscro � wvoRroR�wrwm ❑ (CLIP ALL LOCATIONS FOR SIGNATURE) Approval of resolution settling claim of Micheal Jenkins against the City of St. Paul for $8, 191.56. i �� ,{,n; �� ,�i?N 2 � 2Q91 PLANNING CAMMISSION CIB CAMMITTEE CIVIL SERVICE CAMMISSION Flas this P��rm erer worked under a aM'act fa this dePaAment7 YES NO Hm this pereauhrm ever men a dry empbyce9 ...�—. YES NO • . Oaes Mis pe�saKrm P� a stdll not narmalTYP�%� bY enY wrteM qty emWoYee7 YES NQ Is ihis peisoM�m a tergeted ventlor9 YES NO On September 24,1998, PlainflffMichael Jenkins stepped in a hole in the boulevazd at 745 Englewood St. in St. Paul. Two years eazlier, the Ciry discovered a sewer sepazarion at the wye connecflon wluch mayhave conhibuted to the development of the hole. The City maintained the boulevazd where the hole was located. The Plaintiff was injured as a result of the fall. On February 4, 2000, the Plainriff brought action against the City, the property's contract vendor and vendee to recover damages for injuries to IFAPPROVED his neck andback, medical �penses and lost wages, Tkris matterhas progressed througJipretrial discovery, which concluded with court-ordered non-binding arbitration. The arbilrator found the City to be 60% liable. An objecrive evaluation of the liabiliry and damages issues has led our office to enter into a proposed settlement agreement consistent with the azbitrator's awazd, which contemplates the payment of $8,L91.56 to Plainriff in exchange for a fiill, final and complete settlexnent and release of lus claims against the City. Couucil approval of tlus agreeinent is recommended. i4DVANTAGES IF APPROVED IF NOT AOUNTOFTRIINSACTIONt� 79i _SF, souecE Tort i.i ahi 1 i fi� 6-19—01 GREEN SHEET No mn�umer oFr��rtouero¢ � ancarc GN mewrz arcwnowev arcacxc �STlREVEqUEBUDOETED(CfRCIEONk� �(YE� NO �•� � (�WM