Loading...
02-196Council File # 0,, — � � � � � /q € P� t i. $ E „ z , _ - _ Green Sheet # 101110 '"` ` ' ' ' ' �' RE50LUTION CITY OF SAINT PAUL, MINNESOTA ,, Presented By Referred To Committee: Date 1 BE IT RESOLVED, that upon execution and delivery of a release in full to the City of St. 2 Paul, the proper City officers are hereby authori2ed and directed to pay out of the Tort Liability 3 Fund 09070-0511 to Jer Thao, the sum of $17,500.00 in full and final settlement of her ciaim for 4 damages sustained on June 30, 2000, as a result of an automobile accident in the City of St. Paul 5 with a City of St. Paul Parks & Recreation vehicle. APPROVED: �r�/o� C�ary 4�1. Sas'��n J�su`�� ,� .,:..:r:^6 ���trt Requested by Department o£: c J"�'. �d�n� i By: City Attorney's Of John Stechmann 266876 GOIR�CILMaH�9 BY (OqTq 3-4-02 : 3 TOTAL # OF SIGNATURE PAGES Approval of resolution settling claim of Jer Thao against the City of St. Paul for $17,500.00. PLANNING CAMMISSION CIB CAMMITTEE CML SERVICE COMMISSION GREEN SHEET m�.�Ye�ro.ac'aR � 01. -lgv No ��j r'� [=;fi!_' � w anwnauEx � ancuuc nuuo�taa�wssnt ❑ nurou.�wccro MYOIt1�Y�TAM1� ❑ (CLIP ALL LOCATfONS FOR SiGNANR� � m� �soNr�m e,�.�on�a waer a co�naa raruNC aeaa�� YES NO Hasttis awoMrm e�c heen e�Y ema�� YES ND Dces thie pe�coMrm D� a sk'M not � bY am' arrent aty empioyee9 YE3 � b Nis pdspYfum 8leryeted veMoY7 YES NO On June 3Q 2000, Plaintiff Jer Thao was a passenger in a pick-up truck operated by her husband. At the intersection of Mounds and Kellogg, she was involved in a traffic accident involving a van driven by Fred Voss, a Pazks and Recreation employee. Voss was attempting a left turn in front of the approaching truck. As a result of,the collision, Ela9ntifPs body slruck her huck's dashboazd and windshield. Pazamedics immobilized Plaintiff's spine and transported hei to Regions Aospital, where she complained of pain in her face, neck, shouider and back. She also e�ibited an oval contusion on her lefr jaw. Plaiurif£s truck, valued at $5,945.26, was considered a total loss. Plainriff's treating doctors report that she sustained pennanent injuries to her lefr temporoxnandibular joint and right rotator cuf£ Plaintiff has incurred $20,252.81 in medical costs, and seeks future costs for artUxoscopic siugery on her shoulder and continued rehabilitation. On October 17, 2001, Plaintiff coisunenced suit against the City and Voss to'recover for personal injury and property damage. This matter has progressed through pretrial discovery, wluch concluded with court-ordered mediation. An objective evaluation of the liability and damages issues has led our office to enter into a proposed sattlement agreement requuing the payment of $17,500 to Plaintiff in exchange for a full, final and ADVANTAGESIFAPPROVED complete settlement and release of all clauns against the City and Voss. Council approval of this proposed agreement is recommended. AOUNT OF TRANSACTION S 17 . S O O. O O COSTrttEVENUE BUIXiETED (CIRCLE ON� E� NO sourece Tort Liabilit� �crrviTVww,�sert nAn�n—n�i i WFORMA710N(E%PWM �C�(�ill `gQ�[yy i s`";�t4�"� � � 201AL . . , , - . .__ .,,_._.. ..�. �. � �. . _ . . ..- — � SETTLEMENT MEMORANDUM Jg-�4� Ciaimant, vs. �` ('� �--,� ��ss � �' Respondent. d �-t°t� A mediation session was held on �'$ a with John R. Hoffman serving as mediator. The case was settled on the following terms: 1. Respondent(s) will pay to Claimant(,�, and Claimant(�j will accept, the sum of $ tYv � in full settlement of all claims. 2. Payment by Respondent(s) shall be made in the following manner: I o J pit. Q�-i�° g 7�a �,�vj �'� 1�,�. �� / �J� (�� � {� ar. .,� _ ,� `� r=,� � IJ�, t �,'�''�°' � - , .�/-'� ���� $_ ,������cu�u 3. This payment (does) (�t) include any outstanding subrogation claims or liens.v�r' c d'�. v tr -,,,,� 5�52..� ,U; �f 5 � �, � dTes� �.ei.�,( d� ✓� 4. This settlement (�rs) (does not) affect Qaimant(s)' right to any ��;,a��- future no-fault benefits. � � �, 5. Claimant(s) will execute appropriate releases and dismissals. .S4 . ��nnS se-edYi�w�e-,.� /�r� ; v�..-,Qn L��-c' �J fi�-cz:.�.t. � / ��� �� �'' `�- � � U�'��-�.( t�-`- d� �°��-� � �..,�� 6. Respondent or its insurer will provide a settlement draft to pIaintiff within ('�, days of the above date. 7. THIS SETTLEMENT IS A BINDING AGREEMENT BET'WEEN 'I'HE PARTTES. The parties have been advised, by their attorney, of fhe binding effect of this agreement. The parties further understand that the .mediator has no duty to protect the parties' interest or inform them of their legal rights. The parties aze signing this agreement of their own free wiIl. WTTNESS: Jo R. Hoffm , Mediator .� �'�7L ` � ���'// � Attorney for Claimant espondent X J ��r �"'ri;�t:� Claimant Claimant 7 vro - i. Dated: r-�� � , � —�— � oa �9� Respondent or its insurer will provide a settlement draft to plaintiff within '' days of the above date. 7. THIS SETTLEMENT IS A BINDING AGREEMENT BETWEEN 'I�� PARTIES. The parfies have been advised, by their attorney, of the binding effect of tlus agreement. The parties further understand that the .mediator has no duty to protect the parties' interest or inform them of their legal rights. The parties are signing this agreement of thevr own free will. WTfNESS: X f��r Jo R. Hoffm n, Mediator Claimant _---r .__.�/'r����� � Q ! � � Claimant I��� ' � . . � . . ' �' �.� //��' �. .. .- �.L � � , � i�b�..:.�. )!,I ,: .� - / � /% . . :. ._ � Z Dated: �� �s. Council File # 0,, — � � � � � /q € P� t i. $ E „ z , _ - _ Green Sheet # 101110 '"` ` ' ' ' ' �' RE50LUTION CITY OF SAINT PAUL, MINNESOTA ,, Presented By Referred To Committee: Date 1 BE IT RESOLVED, that upon execution and delivery of a release in full to the City of St. 2 Paul, the proper City officers are hereby authori2ed and directed to pay out of the Tort Liability 3 Fund 09070-0511 to Jer Thao, the sum of $17,500.00 in full and final settlement of her ciaim for 4 damages sustained on June 30, 2000, as a result of an automobile accident in the City of St. Paul 5 with a City of St. Paul Parks & Recreation vehicle. APPROVED: �r�/o� C�ary 4�1. Sas'��n J�su`�� ,� .,:..:r:^6 ���trt Requested by Department o£: c J"�'. �d�n� i By: City Attorney's Of John Stechmann 266876 GOIR�CILMaH�9 BY (OqTq 3-4-02 : 3 TOTAL # OF SIGNATURE PAGES Approval of resolution settling claim of Jer Thao against the City of St. Paul for $17,500.00. PLANNING CAMMISSION CIB CAMMITTEE CML SERVICE COMMISSION GREEN SHEET m�.�Ye�ro.ac'aR � 01. -lgv No ��j r'� [=;fi!_' � w anwnauEx � ancuuc nuuo�taa�wssnt ❑ nurou.�wccro MYOIt1�Y�TAM1� ❑ (CLIP ALL LOCATfONS FOR SiGNANR� � m� �soNr�m e,�.�on�a waer a co�naa raruNC aeaa�� YES NO Hasttis awoMrm e�c heen e�Y ema�� YES ND Dces thie pe�coMrm D� a sk'M not � bY am' arrent aty empioyee9 YE3 � b Nis pdspYfum 8leryeted veMoY7 YES NO On June 3Q 2000, Plaintiff Jer Thao was a passenger in a pick-up truck operated by her husband. At the intersection of Mounds and Kellogg, she was involved in a traffic accident involving a van driven by Fred Voss, a Pazks and Recreation employee. Voss was attempting a left turn in front of the approaching truck. As a result of,the collision, Ela9ntifPs body slruck her huck's dashboazd and windshield. Pazamedics immobilized Plaintiff's spine and transported hei to Regions Aospital, where she complained of pain in her face, neck, shouider and back. She also e�ibited an oval contusion on her lefr jaw. Plaiurif£s truck, valued at $5,945.26, was considered a total loss. Plainriff's treating doctors report that she sustained pennanent injuries to her lefr temporoxnandibular joint and right rotator cuf£ Plaintiff has incurred $20,252.81 in medical costs, and seeks future costs for artUxoscopic siugery on her shoulder and continued rehabilitation. On October 17, 2001, Plaintiff coisunenced suit against the City and Voss to'recover for personal injury and property damage. This matter has progressed through pretrial discovery, wluch concluded with court-ordered mediation. An objective evaluation of the liability and damages issues has led our office to enter into a proposed sattlement agreement requuing the payment of $17,500 to Plaintiff in exchange for a full, final and ADVANTAGESIFAPPROVED complete settlement and release of all clauns against the City and Voss. Council approval of this proposed agreement is recommended. AOUNT OF TRANSACTION S 17 . S O O. O O COSTrttEVENUE BUIXiETED (CIRCLE ON� E� NO sourece Tort Liabilit� �crrviTVww,�sert nAn�n—n�i i WFORMA710N(E%PWM �C�(�ill `gQ�[yy i s`";�t4�"� � � 201AL . . , , - . .__ .,,_._.. ..�. �. � �. . _ . . ..- — � SETTLEMENT MEMORANDUM Jg-�4� Ciaimant, vs. �` ('� �--,� ��ss � �' Respondent. d �-t°t� A mediation session was held on �'$ a with John R. Hoffman serving as mediator. The case was settled on the following terms: 1. Respondent(s) will pay to Claimant(,�, and Claimant(�j will accept, the sum of $ tYv � in full settlement of all claims. 2. Payment by Respondent(s) shall be made in the following manner: I o J pit. Q�-i�° g 7�a �,�vj �'� 1�,�. �� / �J� (�� � {� ar. .,� _ ,� `� r=,� � IJ�, t �,'�''�°' � - , .�/-'� ���� $_ ,������cu�u 3. This payment (does) (�t) include any outstanding subrogation claims or liens.v�r' c d'�. v tr -,,,,� 5�52..� ,U; �f 5 � �, � dTes� �.ei.�,( d� ✓� 4. This settlement (�rs) (does not) affect Qaimant(s)' right to any ��;,a��- future no-fault benefits. � � �, 5. Claimant(s) will execute appropriate releases and dismissals. .S4 . ��nnS se-edYi�w�e-,.� /�r� ; v�..-,Qn L��-c' �J fi�-cz:.�.t. � / ��� �� �'' `�- � � U�'��-�.( t�-`- d� �°��-� � �..,�� 6. Respondent or its insurer will provide a settlement draft to pIaintiff within ('�, days of the above date. 7. THIS SETTLEMENT IS A BINDING AGREEMENT BET'WEEN 'I'HE PARTTES. The parties have been advised, by their attorney, of fhe binding effect of this agreement. The parties further understand that the .mediator has no duty to protect the parties' interest or inform them of their legal rights. The parties aze signing this agreement of their own free wiIl. WTTNESS: Jo R. Hoffm , Mediator .� �'�7L ` � ���'// � Attorney for Claimant espondent X J ��r �"'ri;�t:� Claimant Claimant 7 vro - i. Dated: r-�� � , � —�— � oa �9� Respondent or its insurer will provide a settlement draft to plaintiff within '' days of the above date. 7. THIS SETTLEMENT IS A BINDING AGREEMENT BETWEEN 'I�� PARTIES. The parfies have been advised, by their attorney, of the binding effect of tlus agreement. The parties further understand that the .mediator has no duty to protect the parties' interest or inform them of their legal rights. The parties are signing this agreement of thevr own free will. WTfNESS: X f��r Jo R. Hoffm n, Mediator Claimant _---r .__.�/'r����� � Q ! � � Claimant I��� ' � . . � . . ' �' �.� //��' �. .. .- �.L � � , � i�b�..:.�. )!,I ,: .� - / � /% . . :. ._ � Z Dated: �� �s.