02-758Council File # �?+ �
�R4r1����
Green Sheet# 101111
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
29
Presented By
Referred To
Committee: Date
1 BB 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 authorized and directed to pay out of the Tort Liability
3 Fund 09070-0511 to Katharine Lauren Lovich, the sum of $25,000.00 in full and final settlement
4 of her claim for damages sustained on June 6, 2000, as a result of a motor vehicle accident in the
5 City of St. Paul.
APc 4 V `"� D:
wa..�, 4-13 0 a.
JUDGE OF DISTRICT COURT
. O�ARTMBJT/OFFICElCOIRJCII
City Attorneys Office
.. CONlACfP9250N&PliDNE
Jim Jerske 266-87
. MUSTBEONCOUNGLAGB�UNBYId1TE1
02
TOTAL # OF SIGNATURE PAGES one
oz-�s$ c�►�'`
GREEN SHEET
No ��'111
ov.R�reirurctroR
[-. :[i!c: =�
❑�..,� o�,�
❑�.,�� ❑..�.�
�wvoRlw��uosr�nl ❑
(CLIP ALL LOCATIONS FOR SIGNATURE)
Approval of resolution settling claim of Katharine Lovich against the City
of St. Paul for $25,000.00
PLANNING CAMMISSION
CIB CAMMITTEE
CNIL SERVICE CAMMISSION
iVas mis cersw�rm e✓e.vArl�d unae. s wrihaa rorihis depeM�enn
YES MO
HHStlda pnaa�fi�m em 4een a dlY emWoYa�
YES NO
Daes Uue P� D� a slall na[,qrmellYP� bY anY wrreM ciH emGbYee?
YES NO
Is ihie pemoMum a taryefed vmdoYt
YES NO
Katharine T.ovich; a 27 year-o7d woman, brought suit against the City and its employee, Trina Smith, for pennuient ,
in}uries suffered on June 6, 2000, when her car was struck from behind by a City-owned and operated vehicTe. In her
Complaint, the Plaintiff sought damages for past and future medical care. The Parties have reached a proposed
settlement whereby the City has agreed to pay $25,000.00 in exchange for a full and finat release of all claims. City
Council approval is recommended.
Resolution of litigation on terms acceptable to the City of St. Paul.
None.
IF
The lawsuit will proceed to trial where the City faces the risk of a
AMOIINi OF TRANSACTION S ZS . OOO.00
sounce T-ort Liabilitv
�Fmt�anota tewwM
�;
COST/REVENUE BUIXiETED (CIRCLE ONE) YES NO
ACTIVRYNUMBER 09070-0511
�!8'�'e`�'/��l �s�?s°l�
✓
p2-? SS
SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS
The parties to this settlement agreement and release of all claims entered into this 23`" day
of July, 2002, aze Katharine Lauren Lovich, ("the Piaintiff') and the released parties, the City of
St. Paul and Trina Alicia Smith (the "Defendants").
This settlement a�eement and release of all claims sets forth the terms which conclude and
dispose of the Plaintiff's personal injury lawsuit set forth in the Plaintiff's Complaint, entitled
Katharine Lauren Lovich, Plaintiff, vs. Citv of S� Paul and Trina Alicia Smith, Defendants,
which was venued in Ramsey County District Court in St. Paul, Minnesota, under Ramsey Court
District Court File Number C6-01-11904.
PREMISES:
On or about June 6, 2000, the Plaintiff and Trina Alicia Smith were involved in a
motor vehicle accident at the intersection of Lexington Pazkway and Grand Avenue, in the City of
St. Paul. This incident occuned under circumstances which the Plaintiff has aileged gives rise to
legal liability on the part of the City and its employee, Trina Alicia Smith ("the Defendants").
2. The Defendants deny that they were in any way negligent or at fault, and further deny
that their alieged negligence or fault in any way contributed to cause the PlaintifP s claimed injuries
and damages. The Defendants further claim that the injuries and damages that the Plaintiff sustained
were the result of causes, conditions and parties beyond their control and for which the Defendants
are not responsible.
3. The parties to this agreement desire to now settle all of the PlaintifPs claims against
the Defendants and to now obtain a full, finai and complete settlement and compromise of all claims
which the Plaintiff has or might have for past, present and future damages.
THEREFORE, it is agreed by and between the parties hereto as foilows:
1. In consideration of the payment of Twenty-Five Thousand Dollars ($25,000.00),
the receipt and sufficiency of which is hereby acknowledged by the Plaintiff, which has been paid
by the Defendants, Plaintiff does hereby release and forever discharge the Defendants and their
heirs, representatives, successors, assigns, employees, employers, directors, officers, agents and
successors in interest from any and all liability, actions, causes of action, claims and demands,
known and unknown, (including, but not limited to, claims and demands for personal injuries and
loss of consortium and other derivative damages), by reason of any alieged damages, losses or
injuries which in the past, at the present, or in the future have been or may be sustained by Plaintiff
as a result of the incident which occurred on or abont June 6, 2000.
oz -'t S�
2. The Plaintiff understands that she mayhave suffered injuries, damages or losses that
are unknown at the present time and that unknown complications ofpresent known injuries, dama�es
or losses may arise, develop or be discovered in the future. Plaintiff acknowledges that the
considerarion payme�t of $25,000.00 is intended to and does release and discharge all claims for
injuries, losses and damages, direct and derivative, that the Plaintiff now has or may in the future
have, regardless of mistake of fact or mistake of law. Plaintiff hereby waives any and all rights to
assert in the fuhue all claims based upon injuries, losses and dama�es and unknown complications
developed or discovered in the future and based upon present known injuries, losses and damages
and complications, even ifsuch ciaims, injuries, losses, damages or complications were now known,
such knowledge would materially affect the terms of this settlement agreement.
Plaintiff understands and agrees that this settlement is a compromise of a disputed
claim and that any payment made pursuant to this settlement agreement and release of all claims is
not to be construed as an admission of liability or fault on the part of any of the Defendants, since
any such liability or fault is expressly denied. Pursuant to Minn. Stat. §604.01, this settlement
agreement and release of all claims shall not constitute an admission of liability by the Defendants
and shall be inadmissable in evidence in the trial of any legal action. It is also agreed that this
settlement agreement and release of all claims encompasses any and all claims based upon the
amount of any subsequent judgment determined to be uncollectible in accordance with Minn. Stat.
§604.02 and reallocated to the City.
4. In consideration of the $25,000.00 payment made pursuant to this settlement
agreement and release of all claims, the Plaintiff agrees to immediately stipulate to the dismissal,
with prejudice, but without costs or disbursements awarded to any party, of all the claims made by
the Plaintiff-and which could have been made by the Plaintiff against the Defendants in connection
with the lawsuit venued in Ramsey County District Court in St. Paul, MN. under Ramsey Court
District Court File Number C6-01-11904.
In further consideration ofthe $25,000.00 payment made pursuant to this settiement
agreement and release of all claims, the Plaintiff agrees to indemnify and defend (including paying
attomey's fees and expenses to) the released parties regarding anymedical, hospital or other lien, and
any other claim or suit that is, has in the past, or may be in the future asserted by anyone against the
released parties as a resuit of the incident on or about June 6, 2002, and as a result of the injuries
and damages claimed to have been sustained by the Plaintiff at the time, or as a resuit of any
payments made by any person or organization to anyone as a result of injuries to the Plaintiff as a
Page 2 of 4
o� • � S'�
result of that incident. The PlaintifPs agreement to indemnify and defend the Defendants against
any liens, claims or suits includes, but is in no way limited to, any claim or suit seeking subrogation
and/or indemnity for any medical expense benefits paid or payable. The Plaintiff agzees that in the
event that any such liens, claims or suits are asserted against the Defendants, the Plaintiff shall
satisfy the obligatioii 4o pay the Defendants' indemnification and defense fees and expenses out of
the proceeds of the $25,000.00 payment made pursuant to this settlement agreement and release of
all claims.
6. In agreeing to the terms of this settlement agreement and release of all claims,
Plaintiffagrees that the $25,000.00 payment made pursuant to this settlement Agreement and release
of all claims fuily compensates her for all injuries, claims, losses and damages which in the past, at
the present, or in the future have been or may be sustained by Plaintiff as a result of the incident
which occurred on or about June 6, 2000.
Plaintiff states and represents that she has fuliy read this four (4) page settlement
agreement and release of all claims in its entirety, that she has been fully advised by legal counsel
with respect thereto, that she knows and understands the consequences and legal effect thereof, and
that she signed this settlement agreement and release of ali claims freely and voluntarily. This
settlement agreement and release of all claims contains the entire agreement beriveen the parties
hereto with regazd to the matters set forth herein. This settlement agreement and release ofall claims
shall be binding upon and inure to the benefit of the parties hereto, jointly and severally, and their
respective heirs, next-of-kin, executors, administrators, personal representatives, employers,
employees, directors, officers, agents, assigns and successors in interest, and anypresent or successor
guardian or conservator of a person and/or an estate.
8. In agreeing to the terms of this settlement agreement and release of all claims,
Plaintiff is relying solely upon her own judgment and that of her own legai counsel. The terms of
this settlement agreement and release of all claims are cpnt�tual in nature�and not a mere recital.
Date: ��• 5� , 2002
Katharine
Subscribed and sworn to before me
e o
PEGGY JO DANIELSON � Page 3 of 4
NOTARY PUBUGMINNESOTA
�"��� HENNEPIN COUNTV
d�� MV COMMISSION EXPIflES 131-2pp5
6 �
A�proved as to form and content:
Date: � / '(, ` , 2002
c
`�'
DAN`IEL W. FRAM, No. 31409
PETERSON FRAM AND BERGMAN
50 E. Fifth St., 3uite 300
St. Paul, MN 55101
Attomey for Plaintiff
Pa�e 4 of 4
ot?S'S