239440 ORIGINAL TO CITY CLfiRK �����0
,,, .� � CITY OF $T. PAUL FOE NCIL N�, c
• OFFICE OF THE CITY CLERK �
COUNCIL RESOLUTION—GENERAL FORM
PRESENTED BY
COMMISSIONER DATF
Page 2.
FURTHER' RESOLVED, that the services to be rendered to
the City of Saint Paul shall be under the direction and
supervision of Joseph P. Summers, Corporation Counsel of
the City of Saint Paul; that for said ser-vices, said attorney
Stephen W. Shaughnessy shall receive one-third of any recovery
made in the action by settlement or trial as a reasonable
attorney's fee, it being understood that the City of Saint
Paul shall pay the expenses of the appeal to� the Supreme
Co�art, which total at the present ti.me $123.49, and any
other expenses of trial which are not recovered from the
adverse party, Keith W. Sorenson, as costs.
�..,.� - .
JUL1b1968
COUNCILMEN Adopted by the Council 19—
, Yeas Nays
car�on , �uL k 6196�
Dalglish Approved 19�_
Meredith Tn Favor
��n� �
Sprafka O Mayor
Tedesco - Against
Mr. President, Byrne
pe�iistt�s JUL 2 0 1968
�o
OR161NAL TO,CITY CL6RK P,���.p,[.,!�
_- �+ CITY OF ST. PAUL FOENCIL N0. �'° ``' 'z�
T� , OFFICE OF THE CITY CLERK
CO CIL RESOLUTIO —GE ERAL FORM
PRESENTED BY
COMMISSIONE ATF
RESOLUTION
WHEREAS, Ray W. Betts, who was previously a Policeman zn
- the Bureau of Police , Department of Public Safety, City of Saint
Paul , was injured in the cours,e of his duty at Seventh Street
a.nd�; Payne Avenue, , St. Paul , Minnesota, in a collision involving
a car operated by Keith W. Sorenson on December 29, 1g63; a.n.d
WHEREAS, the City of Saint Paul did become liable for and
_ �ay, as Workmen� s Compensation and salary a total amount of
6,212 . 10, entitlin.g said City to become subrogated to recovery
of said amount from the third party, Keith W. Sorenson; and -
WI�REAS, -thereafter, Ray W. Betts did retain the firm of
Mordaun.t, Walstad, Cousineau & MeGuire and Stephen W. Shaughn.essy .
to represent him in a personal action against said third party;
and
WHEREAS, thereafter, before trial , Ray W. Betts died from
causes unrel_ated to the accident, and the District Court of
Ramsey Cou�t� did file a judgment to the effect that the City' s
interest in the a.mount of the claim for subrogation. died with
the in.dividual employee;
NOW, THEREFOftE, BE IT RESOLVED, that under the unusual
circumstances of this particular action, whereby Stephen W.
- Shaughn.essy did represent the employee and the City' s subrogati'on
interest through the hearings leading to the judgment entered �
in District Court, said Stephen W. Shaughnessy is hereby retained
to represent the City' s interest in continuing the matter on
appeal to the Supreme Court of Min.nesota, there being a substan–
tial legal basis for the recovery of the payments made by the
City o�St. Paul , even after the death of the employee, pursuan.t
to the �►�orl�nen' s Compensation Statute; and .
COUNCILMEN Adopted by the Council 19—
Yeas Nays
Carlson
Dalglish Approve� 19—_
�
Meredith Tn Favor
��
�,�� Sprafka Mayor
Tedesco Sainst
Mr. Presicient, Byrne �,,�'�"" .ROV
r..;>.
.
y
Corpor ' n Couns�i �
4 ' �
L . �Y
Ana Cod�612 ��TY �A PAUL J. KELLY
223-5121 �4� • 8>� THOMAS J.STFJIRNS
' o � JON R. DUCKSTAD
� :;�'.�3' Sb ARTHUR M. NELSON
dm `�� h� JEROME J.SEGAL
THOMAS M. MOONEY
ROBERT E.O'CONNELL JAMES W. KENNEY
F'irst Assistant CITY OF SAINT PAUL KENNETH J. FITZPATRICK
GERALD H.SWANSON
DANIEL A.KLAS GORDON C. MOOSBRUGGER
Sp�cial Autitent LEGAL DEPARTMENT PAUL F. McCLOSKEY,dR.
316 Cit•y Hall, St. Paal, Mioo�sota 55102
JOSEPH P. SUMMERS July 16., 196g
Corporatlon Counssl ������
�
To The Honorable Mayor and Members
of the Council of the City of St . Paul
Re : Ray W. ..Betts vs. Keith W. Sorenson
Sirs:
Pursuant to Section 1'78 of the Charter, I hereby request
authority to retain as special counsel Stephen W. Shaughn.essy
of the law firm of Mordaunt , Walstad, Cousineau & McGuire ,
in order to represent the City� s interest in the matter of
a subrogation claim for workmen' s compensation and salary
due in the above entitleci. action, the services to be per-
formed at a magimum compensation of one-third (1�3) the
amoun.t to be recovered through trial or settlement with
the un.dersta.nding that the City of Saint Paul will pay
any costs on appeal or otherwise that are not recovered
from the defenda.n.t.
This request is made because of the un.usual circumstances
whereby the aforementioned counsel did represent the indi-
vidual employee and the City' s subrogation interest up
until the time of trial , by which time the employee plaintiff
had died, leaving on�ly. a possible interest of the City still
to be determined. Said counsel argued said matter before
the court , and is completely familiar with all the necessary
law, orders, and prior proceedings which must be presented
to the Supreme Court in order to effect a successful con-
clusion to the rights of the City against the third party.
Sincerely,
.
SEPH P. S RS
orporation Counsel
TJS: sas
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DUrLICATi'f�TRIN7'[R
� . CITY OF ST. PAUL FOENCIL NO
• OFFICE OF THE CITY CLERK
COUNCIL RESOLUTION—GENERAL FORM
PRESENTED GY
COMMISSIONER DATF
Page 2.
FURT�R RESOLVED, that the services to be rendered to
the City o� Saint Pau1 sha11 be under the direction and
gupervision ot Joseph P. Summers, Corporation Counsel of
the City of Saint Pault that for said se�vice�, sa�.d attorney
Stephen W. Shaughnessy ahall receive one-�third of any recovery
m�de in the act3.on by �ettlement or tria�. as a reasonz�ble
attorney's fee, it being unde=stood that the C3.ty of Sa3.nt
Paul sha11 pay the expenses of the appeal to the Supreme
Conrt, which total at the present time $123.49, and any
othez expensea of trial which are not recovered from the
adverse party, Iieith W. Soreneon, as costs.
JUL �b 1968
COUNCILMEN Adopted by the Council 19—
Yeas Nays !�L } � ��s$
Carlson
Dalglish Approved 19_
Meredith Tn Favor
�et�rse�—
Sprafka c� Mayor
Tedeaco A gainst
112r. President, Byrne
�O
r
t _
� DUrLICATt TO lRINT[R • /�g ����o
CITY OF ST. PAUL FOENCIL N0, d �
• OFFICE OF THE CITY CLERK
COUNCIL RESOLUTION—GENERAL FORM
PRESENTED BY
COMMISSIONER pArF
} RESOLUTION .
T�REAS, Ray W. Betts, who was previoualy a Policeman in
the Buretzu of Police, Department of Public Sa�ety, City o� Saint
Paul , z,tas injured in thQ course of his duty at SevQnth Street
and Payne Avenue, St. Paul, Aiinnesol;a, in a collieion involving
a car operated Uy Keith S�'. Sorenson on Docember 29, 1963; and
ZTiI�REAS, the City of Saint Paul did become liable for and
�ay, as T4orkmen' e Compensation and salary A total amount o�
6,212.10, entitling said City to become subrogated to recovery
o� said r�uount �rom the third p�,rty, I{eith W. Soronson; and
S:'ILERLI�S, there�,�ter, Ray T�r. Betts did retain the �irm o�
riora�.izn.t, jlalstad, Cousineau & I+icGuire Fsn.d Stophen W. Sh�,ughneasy
to roprosent him in a pQrsonal �,ction against said third party; .
a,nd
S,TIiER�AS, thereafter, be�ore trial , Itay jl. Betts died front
causes ux�.rolated to tho acciclent, and the District Court o�
Ita�sey Councy dici file a ,�udgmont t� thQ ef�oct that the City� s
intarest in thQ amount of the claim �or subrogation diod zvith
the individual employeQ;
NO'�l, TfiCft�r03�E, ]3E IT It�SOLV�D, t�iat un.der the unusua].
circumstances of tliis particular aetion, tahereby Stephen W.
Shaughnossy did represQnt the e�ployee and the City� s subrogation
intorest tlirough thQ hearings loacling to the �udgment entered
in Diatriet Court, said StephQn TJ. Shaughnessy is horQby retainQd
to represont the �ity' s interest in continuing the matter on
appeal to the Supreme Court of Minnasota, there being a substtxn.—
tial legal basis for the recovery o� tlie payments made Uy tho
City ofSt. Paul, even �,�ter the dea.th of tl�o employeo, pureu�,nt
to the Wor�en' s Compensation Statute; and
` COUNCILMEN Adopted by the Council 19—
Yeas Nays
Carlson
Dalglish Approved 19—_
Meredith Tn Favor
Peterson
Sprafka Mayor
Tedesco A gainst
11�r. President, Byrne
�O