05-622Council FIle # � S � � � '�
Crreen Sheet # 3027229
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA /�
� �
Presented By
Referred To
Committee: Date
1 BE IT RTSOLVED, that upon execution and delivery of a release in full to the City of St. Paul,
2 the proper City officers are hereby authorized and directed to pay out of the Tort Liability Fund
3 09070-0511 to Yang Tong Her and his attorney Walter Sawicki, the sum of $10,000.00 in full
4 and final settlement of his claim for damages sustained on June 30, 2000, as a result of an
5 automobile collision with a City of St. Paul vehicle.
Re ested b Department o �
a�/�r,� ,r' �ce.
By:
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� Green Shee�t Green Sheet
os- �a �
Green Sheet Green Sheet Green Sheet Green Sheet
DepartmeM/office/council: Date Initiated:
� �, a���-05 Green Sheet NO: 3027229
Contact Person & Phone: DeoarhneM SeM To Person Initial/Date
Portia Hampton-Flowe�s � 0 A m D artment Director
z66-8n4 Assign 1 o ncil ' Council
Must Se on Councif Agenda by (Date)= Number Z r' Ma o's Office
13-JUL-0S Por
Routing 3 i Clerk Ci Clerk
Order 4
5
6
Toqi # of Signature Pages _(Clip AII Locations for Signature)
Action Requested:
The CAO recommends approval of a Resolurion authorizing settlement of Yang Tong Her v. City of St. Paul, et al. in the aznount of
$10,000.
Recommendatlons: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Following Questions:
Planning Commissio� 1. Has this persoNfirm ever worked under a contract for this department?
CIB Committee Yes No
Civil Service Commission 2. Has this person/firm ever been a city employee? �
Yes No
3. Dces this person/firm possess a skill not normally possessed by any
current city employee?
Yes No
� Ezplain all yes answers on separete sheet and attach to green sheet
Iniiiaiing Problem, Issues, Opportunity (Wfio, What, When, Where, Why):
Yang Tong Her brought an acrion in Rzmsey County Dishict Court alleging negligence against ffie City of St. Paul and former City
esnployee Fredrick Voss for damages Mr. Her sustained in an automobile collision with a City of St. Paul vehicle. Mr. Her claims
Fredrick Voss caused the collision by failing to yield the right-of-way. The City of St. Paul and Fredrick Voss deny liability for the
accident but recognize the costs and risks of a jury hial.
AdvanWyes If Approved:
If approved, the proposed settlementwould allow the City to dispose of tlus case without an admission of liabiliry or anegative
detenninarion by the court. The City also would avoid expert witness expenses and the costs of tdal.
oi5aa�a�wn� irnon�o�ea: RECEIVED
None.
JUL 0 5 2�05
,
Disadvantaqes If Not Approved:
If tlus matter proceeds to tdal, the City would incur the eapense of eacpert witnesses. In addition, the jury could detemvne that Fredrick
Voss was negligent and awazd compensatory damages in excess of the proposed settlement amount.
Total Amount of 10000 CostlRevenue Budgeted: y
Trensaction:
FundinA Source: Tort Liability Activity Number: 09070
Financial Infortnation:
(Explain)