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263917 WHIYE - CITY CLERK 26391 • pINK - FINANCE GITY OF SAINT PALTL Councit CANARV - DEPARTMENT �LUE -MAYOR File NO. ouncil Resolution Presented By Referred To Committee: Date Out of Committee By Date WHEREAS, the City of Saint Paul and its employee Robert Gene Eder are party defendants in an action brought by Christine Patricia Johnson who is claiming property damage and personal injuries as a result of a collision that occurred on August 29, 1973 on westbound Highway I94 near Sixth Street in St. Paul, and, WHEREAS, at the time of such accident, Robert Gene Eder was driving a dump truck in the course and scope of his em- ployment with the City of Saint PauZ, and WHEREAS, it appears that said accident was caused by the roadway conditions or by the sole or contributory neg- ligence of plaintiff Christine Patricia Johnson and not by any wilful act or gross negligence on the part of R,obert Gene Eder, now therefore be it RESOL�7ED, that the City Attorney of the City of Saint Paul be and hereby is directed to assume the defense of Robert Gene Eder in the action brought by Christine Patricia Johnson, and the proper city officials are directed to pay any judgment against said Rpbert Gene Eder as a result of such lawsuit COUAICILII�F.1� iteq�ested by De�rtmeret of: y�s Christense�. �ays Hozza � Levine tn Favar Roedler Sylvester Against � �idee�e� President Hurtt Adopted by Council: p�t� �U�' '?' `� 1974 Fam Approved by City Attc>rney c,��..QQ �. ��e�.w Gertifie a sed by ��ouacil Secretary BY _� � ; Apgrov by h7ayor: D�te - Approved by �lspor for Submiss4on to Council �3+ PUBL�SHED JUL 27 i914 ; _ _ � . 2639�'� C ITY OF SAI NT PAUL OFFICE OF THE CITY ATTORNEY R. SCOTT DAVIES July 16, 1974 TO: Members of the City Council FROM: Daniel L. Ficker t�. 1--� ° SU&TECT: Claim of Christine Patricia Johnson The lawsuit brought by plaintiff Christine Patricia Johnson arose out of an accident on August 29, 1973, when her Volkswagon vehicle and a city dump truck being driven by Robert Gene Eder collided in the westbound lanes on Highway I94 on the curve near Sixth Street in St. Paul. Plaintiff' s complaint alleges property damage and personal injury resulting from the accident and she demands judgment in the amount of $2900.00. At this time it is impossible to assess the degree of negligence attributable to either driver, but there is no evidence showing any wilful act or gross negligence on the part of Robert Gene Eder. The accident occurred while Mr. Eder was acting as an employee of the City. From the reports submitted, it appears that the roadway was slippery and this condition was a contributing cause of the accident. City Hall, Saint Paul, Minnesota 55102 612 298-5121