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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 ���w��e►.�rt� Q«G �� 1.�� � � - �s��� � 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