03-86_ , , Council File # � 3 " �
� � � " ' ' � � �- 0020
Green Sheet # � _
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
„ ,, � 3 a
Presented By
Referred To
Committee: Date
1 Resolved, that upon proper execurion and delivery of a release in full to the City of Saint Paul,
2 the proper Ciry o�cials are hereby authorized and directed to pay from the Tort Liabiliry
3 Fund (09080-0511), to State Farm Insurance Company, as subrogee for Althea Toliver, the
4 sum of $12,774.62 in full settlement of their subrogation claim for damages sustained on
5 February 25, 2001 as a result of an accident with a City of Saint Paul Public Works vehicle at
6 or near the intersection of Dale Street and Burgess Street, Saint Paul, Minnesota.
y ��
Date
Reguested by Department of:
d�Jo�
Adopted by CouncIl: Date `�, ,� S� o O.]
'T
Adopfion Certified by Council Secretary
�
Approvedby�fa�or:Datg �' /[/^C/—�� By:
4�
for Submi io to
�
Form Approv� by Cit�Qttory�y_ ,
N •
GREEN SHEET
1 /29/03
,-��:.._�:.,�
4 J� �O �
No ����a�
��
� atrwnoaEr I'GY )� ❑ arrawc
� 3 6
� nuu�aoiveua.� n1.MCV��u.�r�.�cro_
❑4 N ���� ❑7 Risk Management
TOTAL # OF SIGNATURE PAGES + (CIIP ALL LOCATIONS FOR SIC,NATURE)
Approval of resolution approving payment to State Farm Insurance Company as subrogee of Althea Toliver for 512,774.62.
vuAUOn �cpprove (n) w Ke�ea
PLANNING COMMISSION
CIB COMMffTEE
CNIL SERVICE CAMMISSION
Has Mis PeRONfirm e�waked under a cantract far thie departmenl?
VES NO
Hes this oewonRrm e�er been a uH �dovee9
YES NO
Daes Mis personlfirm P�ese a slall not,wrmaAYP� M arry artent dry emvl�'ee?
YES NO
1� Mi6 P�eoMrm a terBNed eeMM .
YES NO
. On February 25`", 2001, a vehicle driven by City of Saint Paul Public Works employee Scott Wennhold turned in front of a vehicle
driven by Althea Toliver. State Farm Insurance Company paid No-Fault benefits to Ms. Toliver for her injuries, in accordaoce with
��� � the Minnesota law. Due to the gross vehicle weight of our vehide (56,000 pounds{, State- Farm was entitled to subrogate for the
., damages paid. A release and compromise settlement'has been reached with State Farm in the amount of 512,774.62.
The City will settle an outstanding claim.
None.
�� ����,�y�'� �;'?�' n�
�A� � �- ���3
The City will be taken to court and the compromise settlement that has been reached couid be voided.
GL001
INFORM4TON (IXPWN)
COE7rttEVRlUE BUD6E7m (qRCLE ONE) ( ra J No
�cTmT Nww�t 09081
\
o �-��
Fult and Final Release of All Claims
File Number C-010097
In sole consideration of the payment of twelve thousand seven hundred seventy
four dollars and siMy two cenfs (512,774.62), to me paid in hand, we do hereby release
and forever discharge the City of Saint Paui, the Saint Paul Public Works Department,
Scott Wennhold, their representatives, successors, assigns and all other persons, firms
and corporations from any liability, claims, actions, causes of action, and demands of any
kind, known or unknown, existing or to arise in the future, resulting from or related to any
damage, loss or injury sustained by Atthea Toliver arising from an incident which toak
place on or about the 25"' day of February, 2001 at or near the intersection of Dale Street
and Burgess Street, Saint Paul, MN.
The undersigned agrees and acknowledges that signing below settles any and afl
claims for payments made per the fVo-Fauli Statute of the State of Minnesota.
The payment of this money is not to be const�ued as an admission of liability. It
T2}5Fe`sents only the compromise of a doubtful and disputed ctaim. This release is agreed
not to reflect any payments or settleinents made to Althea Toliver for a bodily injury claim.
This release contains ihe entire agreement between the parties hereto, and the
terms of this release are contractual and not a mere recital.
THE UNDERSIGNED HAS READ THE FOREGOING AND FULLY NDERSTANDS iT, and
signs and dates it this � day of T�-� , 20�
In the presence of:
� �
- - c.
wiiness
Subscribed and sworn to before me
�
this �� day of , 20 03.
Notary Public �
■ �DOLORES E. HOEFf �
� , �� NOTARYPUBUC
My Comm. Expires Jan. 37, 2005
� a
�l� �
RepresenYa �ve of State Farm tnsurance
Company as subrogee of Althea Toliver
� � ��� �i� � , , .
Printed Na of Persoi Signin Above
IIIN��III�I�I���I� �NIIf II�IlIIIIII�IIV�I�� I1V��I�
�ECEIVE�
JAN 0 '7 2003
�21SK MAIVA�EMEtdT
,