04-1019Council File # �— �u� q
Green Sheet # 01�
Presented By
Referred To
Committee: Date
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BE IT RESOLVED that upon execution and delivery of a release in full to the City of St. Paul,
the property City officers are hereby authorized and directed to pay out of the Tort Liability Fund
09070-511-0002 to Gail White, Dureile White, Desmond White and their attomey, Harold
Sadoff, the sum of Forty-Four Thousand Five Hundred and 00/100 Dollars ($44,500.00) in full
settlement of their claims for damages arising from an automobile accident on or about May 19,
2000. The settlement amounts are to be dispersed as follows:
Desmond White:
Durelle White:
Gail White
Adopted by C
Adoption Certified by Council Secretary
By:
Appx
BY:
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
15
Four Thousand and 00/100 Dollars ($4,000.00)
Ten Thousand and 00/100 Dollars ($10,000.00)
Thiriy Thousand Five Hundred and 00/100 Dollazs ($30,500.00)
Req by Department of:
l� O
By: �t ka L.12 .
Form Approved by City Attorney
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DepartmenUoffice/council: Date Initiated:
ca — CityAttomey 2��-� Green Sheet NO: 3024003
Contaet Person 8 Phone• Deoarhnent Sent To Person Initial/Date
Meghan Riley � 0 'ri Attornev
2668734 p 1 " Attome De artmentDirector
Must Be on Council Agenda by (Date): Number Z a or's Office Ma r/ isrant
27-0CT-04 For
Routing 3 ouncil Ci Council
Orcle� 4 i Clerk Ci Clerk
Total # of Signature Pages _(C�ip All Locations for Signature)
Action Requested:
Approval of a Resolurion authorizing settlement of Gail Wlute, et al. v. City of St. Paul, et al. in the amount of $j�500.00.
Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Following Questions:
Planning Commission , 1. Has this persoNfirm ever worked under a cont2ct for this department?
CIB Committee Yes No
Civil Service Commission 2. Has this personffirm ever been a city employee?
Yes No
- 3. Does this person/firtn possess a skill not normally passessed by any
curtent ciry employee?
Yes No
Explain aIl yes answers on separate sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): �
Claim for daxnages arising from automobile accident on May 19, 2000 between Plaintiffs and St. Paul Police Officer Michael Reuvers in
the City of St. Paul:
AdvanWpes If Approved:
The Ciry would avoid the costs and risks of going to tdal.
DisadvantapeslfApproved:
None.
Disadvantayes If Not Approved:
A jury could determine that the police officer was negligent and awazd damages.
ToWI Amount of 44500 Cost/Revenue Budgeted: y
Transaction:
Fundinq Source: Tort Liability Activitv Number: 09070
Fi nancial Information:
(Explain)
Oy - t41 °t
Interdepartmental Memorandum
CITY OF SAINT PAUL
DATE: October 20, 2004
TO: All Councilmembers
FROM: Meghan L. Riley �
RE: Gail White. et al. v. City of St. Paul
Court File No.: C2-04-1384 (Rosas)
SPCAO File No.: 502-0033
The City Attorney's Office [CAO] has negotiated a settlement in the above-referenced lawsuit.
Under the proposed settlement the Plaintiffs would dismiss all clauns against the City of St. Paul and
the individual officer named as a defendant in the case in exchange for $40,400.00 payment to them.
By this memorandum the CAO is requesring approval of the proposed settlement.
The lawsuit arises from an auto accident on May 19, 2000. Officer Michael Reuvers was
responding to a call for assistance. Plaintiffs were returning home from dropping off a caz for a
familymember. According to the Officer, in response to the call far assistance he initiated his lights
and siren one block before reaching the comer intersecrion of Central Avenue and Chatsworth in St.
Paul. Plaintiffs, however, claim that at the time Officer Reuvers approached the intersection his
lights and siren were not on and, in fact, he did not have his headlights on. Eyewitnesses to the
accident provide information that supports both Plaintiffs and Defendant in this matter.
As a result of the accident, Plaintiffs suffered serious injuries ranging from a lacerated spleen,
collapsed lung and shoulder separarion, Plaintiffs requested damages for past and future medical
expenses as well as wage loss.
At the close of discovery the City consulted with outside counsel on the case to obtain a risk analysis.
The con�ultation revealed that given the City's possible exposure should the case go to trial, a
settlement value of $55,000-65,000 wouid be reasonable given the nature of the injuries involved.
On October 13, 2004 the parties mediated before Bili Bradt in an attempt at settlement. During the
mediation the parties agreed to settle the case for a payment in the amount of $40,500 to be made
payable as follows:
AA-ADA-EEO Employer
(}�l- tUt`t
All Councilmembers
October 20, 2004
Page 2
$30,500 to Gail White
$10,000 to Durelle White
$4,000 to Desmond White
Although the CAO recognizes that Desmond White's payment falls within the discrerion ofthe CAO
because it is under the $7,500 threshold, he is included in this settlement to indicate the total dollaz
amount of the settlement for the case.
Given the City's liability exposure, the costs and uncertainties of a trial, the CAO believes that the
proposed $40,500 settlement is reasonable. Ifthis case proceeds to trial, the City's liability exposure
will be significantly higher than the proposed settlement amount. If a jury determines that Officer
Reuvers was negligent, the City could be held liable for damages of past and future medical
expenses, pain and suffering, as well as wage loss. The CAO recommends approval of full
settlement.
Please let me know ifyou have any fixrther questions or require any addi6onal information regarding
this case.
cc: Manual Cervantes, City Attorney
Dennis Flaherty, Deputy Mayor
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