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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 � � �Q a :� � ��' �` �����o 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