07-972Council File # D � -91 �
Green Sheet # 3044531
RESOLUTION
CITY OF SAINT PAUL, NIINNESOTA �
Presented By
1 BE IT RESOLVED that, upon execution and delivery of a release in full to Thomas A.
2 Cunnien and the City of St. Paul, the proper City officers are hereby authorized and directed to pay
3 out ofthe Tort Liability Fund 09070-511-000 to Sadik Omar Tahiro, f/k/a Abdul K. Tahiro,
4 and Valentini & Associates, P.A., the sum of $10,000.00 in full and final settlement of
5 plaintiff Tahiro's claim, State of Minnesota, Second Judicial District, Court File No. C4-06-
6 008888, arising out of an automobile accident that occurred on January 3, 2003 between the
7 vehicle plaintiff Tahiro was operating and a City of Saint Paul fire truck operated by fire
8 equipment operator Thomas A. Cunnien.
Adopti
By:
Appro�
By:
Requested by Depaz[me of
�ti-� �1 ��; a,�v�s �� �.�
.� �, �-
� APPr¢;r �Gtc F FinR.ha.�C.. Serv<<.e
sy:
Adopted by Council: Date ���7i�c�/���
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
0 7-9? a-
CA "�i�3'Attomey
Confad Per`on 8 Phone:
Eric D. Larson
266-8728
Must Be on Council Agenda by (Date):
10-0CT-07
Doc. Type: RESOLUTION W/$ TRANSAC
E-DOCUment Required: N
Document Contact:
Contact Phone:
27-SEP-07
�
Assign
Number
For
Routing
Order
Total # of Signature Pages _(Clip All Locations for Signature)
Green Sheet NO: 3044531
� I
4 avor's O�ce Mavor/ASSistant I
S 010L1I CS COUOCII
6 ' Clerk (S Clerk
Approve settlement of Sadik Omar Talilro's, f/k/a Abdul R. Tahiro, claim agains[ the Ciry.
Planning Commission
CIB Committee
Civil Service Commission
�
1. Has this persoNfirm everworked under a contract forthis department?
Yes No
2. Has this person/firm ever been a city employee?
Yes No
3. Does this person/firm possess a skill not normally possessed by any
curzent city employee?
Yes No
F�cplain all yes answers on separete sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where; Why):
On January 3, 2003, at the intersection of Burgess and Mackubin, the fire huck driven by Thomas Ghuuien collided with Sadik Omaz
Tahiro's Toyota Corolla. Proceeding southbound on Mackubin, Mr. Cunnien stopped at tke intersection and did not see Mr. Tahiro's
vehicle, proceeding eastbound on Bwgess, before entering into the intersec6on. Tahiro alleges soft-tissue injuries. The City's
independent medical doctor examined Mr. Tahiro and determined that the first three months of work loss and medical treatment was
reasonable and necessary, meaning approximately $9,329.47 in reasonable medical and wage loss damages.
Advantages If Approved:
Mr. Tahiro's claims aginst the CiTy are resolved.
DisadvanWges If Approved:
City waives right to contest a jury hial, liability and damage claims against t6e City.
Disadvantages If Nat Approved:
Mc Tahiro's claims proceed to a jury trial with an uncertain outcome for the Ciry.
Transadion: $10,000.00
Funainy source: Tort Liability Fund
Financial information:
(Explain)
CostlRevenue Budgeted: Y
Activity Number: pg070-511-000
October 2, 2�07 1129 AM Page 1
o�-9�a-
STATE OF NIINNESOTA
COUNTY OF RAMSEY
Abdul K. Tahiro.
DISTRICT COURT
SECOND JiJDICIAL DISTRICT
Case Type: Personal Injury
Court File No. 62-C4-06-8888
Piaintiff,
vs.
SETTLEMENT AGREEMENT
AND RELEASE
Thomas A. Cunnien and
The City of St. Paul,
Defendants.
This Settlement Agreement and Release is made between Plaintiff and Defendants
Thomas A. Cunnien and the City of St. Paul.
WI�REAS, Plaintiff served and filed a civil complaint, State of Minnesota,
Second 3udicial District, Ramsey County District Court, Court File No. C4-06-008888,
alleging among other things that he was entitled to personal injury damages arising from
an automobile accident that occurred on January 3, 2003;
WHEREAS, the City of St. Paul denied Plaintiff's allegations;
WHEREAS, the parties wish to settle and resolve all outstanding disputes and
claims between them to avoid the uncertainties and costs associated with continued
litigation of the matter, and;
WHEREAS, the parties to this Settlement Agreement and Release have
successfully conciliated all issues of dispute in the above-entitled matter;
67-�i7 �-
NOW, THEREFORE, in consideration of the mutual promises established herein,
the parties ab ee as follows:
1. The City of St. Paul will deliver to Plaintiff's attorney a check in the following
amount in complete satisfaction for all damages, costs and claims:
Sadik Omar Tahiro, f/k/a Abdul K. Tahiro, and his attorney, Kristen
K. Naros, Valenrini & Associates, P.A., 247 Third Avenue South,
Minneapolis, NIIV 55403, in the amount of $10,000.00.
2. In consideration of the above-mentioned payment and the execution of the
Settlement Agreement and Release, Plaintiff hereby fully and completely releases
Thomas A. Cunnien and the City of St. Paul and a11 of their past and present agents,
officers, employees, predecessors, successors and successors in interest, both in their
official and individual capacities, of any and all claims for damages, costs and attorney's
fees which Plaintiff has or may have, whether presently known or unknown, arising in
law or in equity, which were made, ar which could have been made, in the above-entifled
action.
Plaintiff agrees that upon execution of this Settlement Agreement and Release all
such claims, defenses, demands, rights and causes of action which Plainuff now has or
may have had against the Thomas A. Cunnien and the City of St. Paul, and all the past
and present agents, officers, employees, predecessors and successors in interest of the Mr.
Cunnien ar the City of St. Paul in their official and individual capacities, whether
currenfly known or unlaiown, arising in law or in equity, which were made or which
� 7-9 �a,
could have been made, in the above-entitled action, are fully released, satisfied,
discharged and settled. This means that Plaintiff releases Thomas A. Cunnien and the
Ciry of St. Paul and all employees of the City of St. Paul from any and all claims for
damages, costs and attorney's fees, known or unknown, that were or could have been
brou�ht in relation to the set of facts presented in the above-entitled acrion.
4. Plaintiff agrees that the terms of this Settlement Agreement and Release are
binding on Plaintiff and his gersonal representatives, heirs, successars and assigns.
Plaintiff understands and acknowledges Thomas A. Cunnien and the City of St. Paul do
not admit any wrongdoing, improper action or liabiliry for any of Plaintiff's alleged
damages.
5. The parties agree that this Settlement Agreement and Release constitutes all the
agreements and understandings between the Plaintiff and Thomas A. Cunnien and the
City of St. Paul. There are no other written or oral agreements or understandings that
modify the terms set forth in this Settlement Agreement and Release.
6. Plaintiff, by execution hereof, acknowledges that this SetUement Agreement and
Release has been read and explained to him by legal counsel and he understands and fully
agrees to each and every provision hereof.
67-97�
Date:
Subscribed and sworn to before me this
day of , 2007.
Notary Public
Date:
Sadik Omar Tahiro,
f/k/a Abdul K. Tahiro
Kristen K. Naros
Valentini & Associates, P.A.
247 Third Avenue South
Minneapolis, MN 55403
Attorney for Plaint ff
Date:
:
JOHN CHOI
Saint Paul City Attorney
Eric D. Larson, #020067X
Assistant City Attorney
750 City Hall and Courthouse
15 West Kellogg Boulevard
St. Paul, MN 55102
(651)266-8728
Attorneys for Defendants
0