225883ORIGINAL -ItO CITY CLERK r 42,5883
CITY OF ST. PAUL COUNCIL NO
c OFFICE OF THE CITY CLERK FILE
COUNCIL RESOLUTION — GENERAL FORM
PRESENTED BY
COMMISSIONED' - DATE
WHEREAS, the death of Louis P. Sheahan, Sr., an employee of the
City of St. Paul, Office of the Corporation Counsel, who died on
September 23, 1964, has given rise to a claim by representatives of
the dependent child of said decedent, namely, Louis P. Sheahan, Jr.;
and
WHEREAS, the investigation and defense of said matter was referred
to special counsel pursuant to Section 178 of the Charter of the City
of 9t. Paul; and
- WHEREAS, the special counsel has investigated said matter and
has determined that it would be advisable under the facts and circum-
stances giving rise to the death of Louis P. Sheahan, Sr., that said
matter be compromised in settlement and has; proposed a stipulation of
settlement which is affixed hereto and made a part hereof by reference,
which settlement provides for payment to the guardians of Louis P.
Sheahan, Jr. the sum of $45.00 per week, payable every four weeks and
_._continuing during dependency until the sum of $16,500.00 shall have
been paid, now therefore,be it
RESOLVED, That the proper City Officers are authorized and
directed to accept and approve said stipulation for settlement and the
payment of the aforsmentioned compensation out of the Workmen's
Compensation Account of the General Fund.
FQIZ
?7JO
st. CbrpdiWon Counsel
COUNCILMEN
Yeas Nays
JNOV 101965
Adopted by the Council 19—
Dalglish Nov 10 1965
Holland pproved 19 —_
Loss 01 Tn Favor
Meredith
Peterson (� Mayor
Against
Rosen
Mr. President, Vavoulis �s �U �08 13 Q65
10M eas
DUrLICATf TO MIN-MR 1 • /r� � [� (
,s CITY OF ST. PAUL COUNCIL NO /M1
OFFICE OF THE CITY CLERK FILE
COUNCIL RESOLUTION — GENERAL FORM
PRESENTED 1Y
COMMISSIONED DATE
WHEREAS, the death of Louis P. Sheahan, Sr., an employee of the
City of St. Paul, Office of the Corporation Counsel, who died on
September 23, 1964, has given rise to a claim by representatives of
the dependent child of said decedent, namely, Louis P. Sheahan, Jr.;
and
WHEREAS, the investigation and defense of said matter was referred
to special counsel pursuant to Section 178 of the Charter of the City
of St. Paul; and
WHEREAS, the special counsel has investigated said matter and
has determined that it would be advisable under the facts and circum-
stances giving rise to the death of Louis P. Sheahan, Sr., that said
matter be compromised in settlement and has proposed a stipulation of
settlement which is affixed hereto and made a part hereof by reference,
which settlement provides for payment to the guardians of Louis P.
Sheahan, Jr. the sum of $45.00 per week, payable every four weeks and
continuing during dependency until the sum of $16,500.00 shall have
been paid, now therefore,be it
RESOLVED, That the proper City Officers are authorized and
directed to accept and approve said stipulation for settlement and the
payment of the aforementioned compensation out of the Workmen's
Compensation Account of the General Fund,
COUNCILMEN
Yeas Nays
Dalglish
Holland
Loss
Meredith
Peterson
Rosen
Mr. President, Vavoulis
iox sas
Nov 101965
Adopted by the Council 19—
NOV 101955
Approved 19—
Ts Favor
Mayor
A gainst
1.71
•
if I -drank my coffee. I then threw the paper cup, away and started to
go back to my car. I got outside the building and on the sidewalk in
front of the building. At that time it was after 9: 06 A.M. •do not
know exactly the minute. I saw Lo-uis P. Sheahan running towards
me on the platform. He saw me and said "Bill,' I can't talk to you
I'm in a hurry to catch a plane; the Northwest Plane." I said,. "Ida
is on that plane. He said, "Has it left yet? I said, "No." He was
out of breath when he was speaking to me frorA the exertion of running
and had a harried expression on his face. He said, "I'm sorry I can't
talk, I must go. He continued to trot and '.run into the door and that
was the last I saw of him.
went to my car and came back to the office.
saw him first running some distance from me. -I would say
he was about 100 or 150 feet from me when I first saw lzim. He was
running at that time and came running towards me. H-e paused fora
few moments when he came abreast of me, but kept on moving and
talking at the same time. He was then out of breath, and I observed.
that he was pale. He continued running from me, and I last observed-.
him when • he entered the door of the building. He probably continued
another 76 feet from where he and I met until where 'he entered the
door.
WILLIAM W. FINK
IN PRE N OF:
Form JPR 55 4M 7.64
STATE OF 1'vlIlVN1aS= PROBATE COURT
COUNTY OF RAMSEY bile No....11..`�....2. %.�M
Re Guardianship of
.Louls ... P.... hoahan,.... Jr-w ......... ............................... Letters of General Guardianship
....................................................................... .................... •--- ••-- - -•
Ward.........
.......... Aadwey -- 6.... sagflr- and...ffi- c- haol...J:.- ShoAnan ...... ............................... .................. .....
iAar o...hereby appointed general guardian. tz of the person.... and estate.... of the above named ward.....
IN TESTIMONY whereof the Judge of the above named Court ;
J� has set his hand and affixed the seal of said Court this
........... ?t .h ........... day of ........... ... •--- ........................ Jtx� 19..E1
S ........:.....
ANDREW A. GLENN
G ............... .... :..;i .............: .. ............ (Court Seal
Probate Judge.
' • . SON ^J�,i,(1�� -' � � . '
EXHIBIT II
, .�... ..w _ �.- .... -ro .. ��,v.. --., H.^+' X•• s.- r.'- e..+ r�- e'�^::,2•r...�,....t.,. --�-t .. .�v -. .•�•v - .... +.... ,.
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., CERTIFICATE IVY
9636
STATE OF MINNESOTA
COUNTY OF RAMSEl PROBATE COURT
JOHN L. McKENLIE, Clerk of Probate Court of said County, do hereby certify that I have compared
the annexed copy of 1 ,
'LETTERS OF GENERAL 'GUARD IANSjIIF
y IN RE t Guardianship of LOUIS P. SHEAHAN; Jr.
} Ward
t
with the original records and files preserved in said Probate Court, and that the same is a true and correct
transcript therefrom, and the'whole of said original records and files.
IN TESTIMONY WHEREOF, I have hereunto subscribed my
a " name and affixed the seal of the Probate Court of said
county, at St. Paul, in said County, thic
day of Jul X _ A. D. 19--a
•� - ! �... ?' � 1 � � Lam. �
r 'robate Co rt, Ramsey' ounty, Minn.
'
GEORGE X. LEVITT, M. D.
536 LOWRYAWILDING
?"
r - •' ST. PAUL 2. MILAN.
}
November 16, 1964
;+
Re: Louis P. Sheahan.',. J
r
? ,
Mr. Robert W. Gislason
f
333 Minnesota Building
St. Paul, Minn.
Dear Mr. Gislason;
Mr. Sheahan came under my care in 1950, for heart ailment due ,'••
f;
to long- standing rheumatic valvular disease. He did vFry well
until 1961, at which time
he suffered his first attack of acute
heart failure. At that time coronary insufficiency was the pre-
cipitating factor. In the next 3 years Mr. Sheahan had 5 further • j
attacks of sudden heart failure with pulmonary edema. Three of
i
these frightening episodes required emergency hospital treat-,
• ment. All attacks came on because of unusual strain. From 1961
1I'
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until his death, Mr. Sheahan's heart disease followed a definite '
-pattern. With moderation, he was comfortable and without symp-
toms; however,-unusual stress caused his heart to suddenly fail.
;.';•.•
I observed Mr. Sheahan under these 6 near catastrophic events;.•.'''
` �_ _
any of which might have been fatal, and all occurring with un-
usual stress. One could almost predict the possibility of a
'
fatal happening as'the accompaniment of uncommon exertion...'
- Very truly yours, {
i
i George X. Levitt M.D.
!
GXL /. evil.
:... EXHIBIT III
. - .,.•
_
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.. .
My name is William W. Fink. I -live at 1282 Good-: ich Avenue,
St.. Paul, •Minnesota. I am a practicing attorney at law, and my office
is at 60 East Fourth Street, St. Paul, Minnesota. I am 60 years of
age and have been practicing at St. 'Paul, Minnesota, for 37 years.
On the morning of Wednesday, September 23rd, I came to the
office at about 7:45 A. M,• We were having an office meeting in the ;
office that morning which was scheduled for 8:00 A. M. • The meeting
< <
started at 8:00 A.M. There were present at the' meeting Ken Maas,..' ,.
Stan Donahoe, 'Jim Noonan, and myself. When' the meeting started I
- i
told the boys that I would have to leave at about 8:25 A.M. because
my wife was going to Chicago that morning'and I had to drive her to
the airport.
Id"
At 8: 25 A.M. I left the office and got into my car and drove to
my home at 1282 Goodrich Avenue, St. Paul,. Minnesota, picked up my
r
wife and then drove her out to the airport.
She was scheduled to leave on an airplane which left at 9:10 A.M. .'
:.
She was already ticketed, and she had no baggage. We stopped at the I '
ticket office for a short moment, and the agent said that in view of the
fact that there. is no baggage to check through, that Mrs. Fink could
go directly to the plane which was *at Gate 9A. I took her down to ,
'
Gate 9A. The plane had already started loading at that time, and she
f; `•
walked, directly on.'' The only baggage she had was what she carried
'• ,
with her which was a small case and a zipper bag containing some
'
clothing. After she got on the plane,. I went to get a cup of coffee and
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11
STATE OF MINNESOTA
INDUSTRIAL COMMISSION OF. MINNESOTA
DIVISION OF WORKMEN'S COMPENSATION ��
} .
File No.
Record No. }
Louis P. Sheahan, Jr., dependant child
of Louis P. Sheahan, Sr., by Audrey M.
Sager and Michael J. Sheahan, his
guardians,
i
Employee,
VS. STIPULATION
The City of Saint Paul, a municipal
corporation,
Employer,
----------------------------------------
The parties stipulate and agree as follows:
FACTS
The employee died on September'23, 1964 while enroute
from Saint Paul to Chicago, Illinois aboard a United Airlines plane,
on a trip incident to his employment with the Corporation Counsel's
office of the City of Saint Paul. The cause of his death was heart
failure, constituted by coronary insufficiency and pulmonary edema.
On Wednesday morning, September 23, 1964, Mr. Sheahan
traveled from his home to his office at the Court House in downtown
t
Saint Paul where he was observed by Robert E. O'Connell and secre-
taries in that office and appeared to be,in good health. Hewas
late in getting started that morning from his office and had to
rush to catch his flight. He was seen boarding a taxicab on Fourth
Street in front of the Court House by his family physician, Dr.
George X. Levitt. He appeared to be in good health but in an
obvious hurry. Mr. Sheahan was next observed at the Saint Paul-
Minneapolis International Airport by ,dilliam W. Fink, Esquire.
P-1r. Fink had just escorted his wife, Ida, to a Northwest- Orient
t Airlines flight which was scheduled to depart at 9:10 a.m. Mr.
Sheahan was also scheduled to depart on that plane. Mr. Fink had
just left the terminal building; and was bn the sidewalk in front
4
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of the building when he first observed Mr: Sheahan. He observed Mr.
Sheahan running toward him for a distance;of 100 to 150 feet. As
he approached Mr. Fink, Mr. Sheahan was out of breath from the
exertion of running, had a harried expression, and was pale. Mr.
Sheahan recognized Mr. Fink and said, "Bill, I can't talk to you,
I'm in a hurry to catch a plane, the Northwest plane." Mr. Fink
replied, "Ida is on that plane." Mr. Sheahan then said, "Has it
left yet ?" Mr. Fink said, "No." Mr. Sheahan ran past Mr. Fink
for an additional distance of approximately 75 feet until he entered
the doorway to the terminal building. (See Mr. Fink's written
statement attached as Exhibit I) Apparently he was not observed
from the time he entered the terminal building until he arrived at
the loading area for the Northwest - Orient Airlines flight. It is
reasonable to assume that he continued to hurry toward the escalators
~ leading to the main floor, across the large hallway area and down the
concourse. He arrived too late and missed his scheduled flight. The
Northwest ticket agent personally escorted him back up the concourse
to the ticket sales desk of United Airlines and assisted him in the
transfer of his Northwest ticket to a United Airlines flight to
enable him to take the next plane leaving for Chicago. Then Mr.
Sheahan proceeded toward the end of theiconcourse, and downstairs
to the first.level of the airport and the loading area for United
flight 484.
Mr. Sheahan was next observed by Mr. Paul Buchanan of
?;inneapolis, a customer- service agent for United Airlines whose
duties include the taking of names and tickets as passengers come
through the ticket gate to enplane. Mr. Buchanan asked Mr. Sheahan
for his ticket. Mr. Buchanan observed that Mr. Sheahan was wheezing
very badly as if he were, out of breath; and that he was pale and
having, difficulty breathing, Mr. Sheahan asked Mr. Buchanan if he
could rest a couple of minutes before boarding. He did not sit
i
down but leaned upon the counter for a'minute or so. Mr. Buchanan
next saw Mr. Sheahan walking toward the airplane.
-2-
,t
t
Upon boarding the airplane, he was still pale, had w_
{
difficulty breathing and stated that he felt very ill. Several
i
minutes after the airplane took off he asked for and was administered
oxygen by flight crew personnel. Shortly thereafter he expired.
The City of Saint Paul is self insured for workmen's
compensation in Minnesota. No compensation, medical or burial expense
has been paid by employer to date. There are no medical bills out-
standing in regard to this matter, and no,attorneys' fees are payable
in conjunction with this claim. Two thirds of employee's weekly
compensation from employer exceeded the sum of Forty -five Dollars
per week. The employee was survived by his three children, Louis P.
Sheahan, Jr., Audrey M. Sager and Michaeli�J. Sheahan. Audrey M.
Sager and Michael J. Sheahan were not dependents of employee at
{
the time of his demise. Louis P. Sheahan, Jr. is'an adult dependent
child of employee who was over 18, physically. and mentally incapacitated
from earning, and during his disability wholly supported by employee at
the time of his death and for a reasonable time prior thereto, and,
.therefore, a'dependent within the meaning of Minnesota Statutes 176.111,
Subd. 2. Audrey M. Sager and Michael J.,Sheahan are guardians of
Louis P. Sheahan, Jr. (See attached Letters of Guardianship,Exhibit II).
EMPLOYEE'S CONTENTION
The'employee contends that the fatal heart attack of Louis P.
Sheahan, Sr. was precipitated by uncommon exertion arising out of
and in the course of his employment with'the City of Saint Paul.
i
(See attached medical report of George X. Levitt, M.D., Exhibit III)
EMPLOYER- INSURER'S CONTENTION
Employer- Insurer contends that the fatal heart attack of
Louis P. Sheahan, Sr. was the product of degenerative heart disease
and did not arise out of And in the course of his employment with
the City of Saint Paul.
{
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COMPROMISE
WHEREFORE, the employee and the employer- insurer hereby
agree to settle and compromise this matter as follows:
Employer- Insurer will pay the duly appointed guardians
of the person and estate of Louis P. Sheahan, Jr., for and on
behalf of said Louis P. Sheahan, Jr., compensation at the maximum
rate of Forty -Five Dollars ($45.00) per week, at intervals of four (4)
weeks, during the incapacity of Louis P. Sheahan, Jr., subject to a
maximum period of three hundred sixty -six and two - thirds (366 2/3)
weeks or a maximum sum of Sixteen Thousand Five Hundred Dollars
($16,500.00), commencing as of September!24, 1964. The dependent
waives any claim for interest to date upon the compensation payable
herein. The dependent waives his claim for burial expense in the
amount of Five Hundred Fifty Dollars
THEREFORE, upon approval of this Stipulation by the
i
Industrial Commission of Minnesota, Division of Workmen's Compensa-
tion, and upon payment of the amount above specified, it is hereby
agreed that the employee and his dependent have been fully compensated
for any and all, claims arising out of the employee's demise on
September 23, 1964, against the employer - insurer under the Workmen's
Compensation Laws of the State of Minnesota.
Dated this day of November,' 1965.
Audrey M. Sager, Co- Guar ian of
Louis P: Sheahan, Jr.
MichaeliJ. S e ahan, Co-Guardian o
a Louis P ;.Sheahan, Jr.
CITY OF SAINT PAUL
By
Mayor
City Cieric
1
4
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STATE OF MINNESOTA
}SS
COUNTY OF RAMSEY )
On this day of November, 1965, before me, a Notary
Public within and for said County, personally appeared Audrey M. Sager
and Michael J. Sheahan, tome known to be the persons described in,
and who executed the foregoing instrument, and acknowledged that
they executed the same as their free act and deed.
Notary Pub is
GERALDINE D. GRUFMAN
Notary Pt:h!::, R-r=!y County, Minn.
My Commiss,on E.cpires ,Aay 24, 1,068,
STATE OF MINNESOTA
SS
COUNTY OF RAMSEY
On this
appeared
day of , 1965, before me, a
within and for said County, personally
and
to me personally known, who, being each by me
duly sworn did say that they are respectively the
and the of the corporation named in the foregoing
instrument, and that the seal affixed to said instrument is the
corporate seal of said corporation, and that said instrument was
signed and sealed in behalf of said corporation by authority of its
Eoard of and said and
acknowledged said instrument to be the
free act and deed of the said corporation.
A
Notary Public