264041 WH17E - CITV CLERK .
PINK - FINANCE GITY OF SAINT PALTL Council
CANARY - DEPARTMENT � Flle NO. �,�����
O=UE -wMAYOR
Council Resolution
Presented By
Referred To Committee: Date
Out of Committee By Date
WHEREAS, the City of Saint Paul and its employees John M. Wirka
and Isabelle Searle are party defendants in an action brought by
plaintiffs Jason P. Sands by John M. Sands and John M. Sands, individually,
as a result of an accident at Groveland Playground on June 14, 1973,
involving a recreational device called a "barrel-of-fun", and,
WHEREAS, Daniel A. Klas, as special administrator of the estate
of John M. Lambert, is also a party defendant in the same lawsuit, and
WHEREAS, John M. Wirka, �sabelle Searle and John M. Lambert,
deceased, were employees of the City of Saint Paul and acting in that
capacity at the time when plaintiffs' alleged cause of action against
said employees arose, and
WHEREAS, it appears that the accident that is the subject matter
of plaintiffs' complaint occurred because of the negligence of
Jason P. Sands and/or other persons and not because of any wil.fully
negligent act or gross negligence on the part of the above named
employees, now, therefore, be it
RESOLVED, that the City Attorney of the City of Saint Paul be and
hereby is directed to assume the defense of defendants John M. Wirka,
Isabelle Searle and Daniel A. Klas, special administrator of the estate
of William R. Lambert in the action brought by plaintiffs Jason P. Sands
and John M. Sands, and the proper city officials are directed to pay
any judgment against said defendants as a result of such lawsuit.
COUIVCILMEN Requested by Department of:
Yeas Nays
Christensen
Hozza In Favor
� aRcedler B
Sylvester Against Y
Tedesco �
President Hunt
Adopted by Council: Date AUG � 3 19�� Form Approved by City Attorney
Certif� e ouncil Secretary BY ��^^� � �"""�
By
Appr by Mayor: Da G Approved by Mayor for Submission to Council
By By
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C ITY OF SAI NT PAUL
OFFICE OF THE CITY ATTORNEY
August 5, I974 R. SCOTT DAVIES
TO: The Members of the City Council
FROM: Daniel L. Ficker
SUBJECT: Claims of Jason P. Sands by John M. Sands
and John M. Sands individually
�he accident that is the subject matter of plaintiffs'
complaint occurred at the Groveland Playground on June 14,
1973 when Jason P. Sands fractured his Ieft elbow while playing
on a newly installed recreational device called a barrel-of-
fun. Plaintiffs allege negligence onthe part of the City
and the named employees in d esigning, planning, constructing
and maintaining the device, the failure to supervise Jason' s
use of the device, and warn him of alleged damages inherent
in the device and prevent his playing thereon. Based on my
investigation of the matter, I can find no instance where
any of the named defendant employees failed to give proper
consideration to the safety aspects of the device or failed
to properly supervise the use of the device if anyone, in
fact, was required to do so. It appears that the matter
involves a playground accident without actionable fault on the
party of the named City employees.
City Hail, Saint Paul, Minnesota 55102
612 298-5121