263759 WHITE - CITY CLERK �
pINK - FINANCE COUIICll
CANARY - dEPARTMENT GITY OF SAINT PAUL
BltS1E -�.�IAYOR File �O. 26�'759
Council Resolution
Presented By
Referred To Committee: Date
Out of Committee By Date
RESOLVED, That upon ex�cution and delivery of a release in full
to the City, in a form to be approved �i the City Attorney, the
proper city officers are hereby authorized and directed to pay out
of the Tort Liability Fund 09070-420-000, to:
Martha M. Wilkus and her Attorney James P. Nelson the amount of
Three Hundred ($300.00) Dollars in full payment for an accident that
occurred on or about September 7, 1972 in or near the crosswalk on
Minnesota Street at the south side of Fifth Street, the facts of
which were more particularly set out in the Notice of Claim presented
to the City Council on October 4, 1972.
Rr�bert G. Sisson and his Attorney D. Patrick McCullough the amc�unt
of Two Hundred and Fifty ($250.00) Dollars in full payment for the
damage and destruction of personal property that occurred between
the periods of December 29, 1972 and January 18, 1973 at the City
' of Saint Paul' s vehicle impounding lot, the facts of which are
more particularly set out i� the Notice of Claim presented to the
City Council on January 30, �1973.
COUN�C[t�1�EN
Yeas Christensen Nays Re4uested by Department of:
Hozza
Levine [n Favor
Roedler
Sylvester �gainst BY
Tedesco
President Hunt JU N 2 7 1974 Focm Approved by City Attorney
Ado�ted by Council: Date ��v ��
Certified by Council Secretary BY
By
Ap�ro y Mayor: Date 8 �9 App'oved by 7laq�fac S�tbmissiaa to Couacil
8y �
PUBLIgHED �UL 6 19��
r � ��R1 f VJ
CITY OF SAINT PAUL
OFFICE OF THE CITY ATTORNEY
June 24, 1974 R. SCOTT DAVIES
TO: Members of the City Council
FROM: Daniel L. Ficker Q-�-• � •
SUBJECT: Claims of Martha Wilkus and James G. Sisson
Z'he claim of Martha Wilkus arose out of a fall-down
September 7, 1972 when she stepped into a recently patched
section of the street while in the crosswalk on Minnesota
Street at the south side of Fifth St=eet. The �later
Department' s records reveal that its employees patched
holes in the street on August 28, 1972, but the patch
work was of a temporary nature only so that depressions
could exist in the pavement. As a result of the fall-
down Mrs. Wilkus suffered a fracture of her left foot
and her damages include loss of earnings of $137.00 and
hospital and doctor bills. It is my opinion that the
City is liable for its failure to exercise ordinary care
in the maintenance of the crosswalk, and $300.00 is a
reasonable settlement of the claim.
The claim of Robert G. Sisson arose out of an incident
on December 29, 1972 when his car was lawfully towed by
the St. Paul Police Department after an accident. The
City subsequently sold the car for junk on January 17 or
January 18, 1973 without following the procedures set out
in Section 148. 12 of the St. PauZ Legislative Code. It
is my opinion that the City would be liable for failing
to follow such procedures. Mr. Sisson has alleged that
many valuable items were in the car at the time of the
sale. Although this claim is disputed, I am satisfied
that he could at least partially prove his clai.m. It is
my opinion that the City would be liable for the reasonable
costs of such personal items, and that $250.00 is a
reasonable settlement of the claim.
City Hall, Saint Paul, Minnesota 55102
612 298-5121