185588Originaljo City Clerk
COUN
PRESENTED BY
COMMISSION
CITY OF ST. PAUL
OFFICE OF THE CITY CLERK
LUTION— GENERAL FORM
DATE
COUNCIL NO
FILE
588
'3uncil File No. 185588 —By Robert F.
;. � Peterson—
Whereas, r — ? 9C, ar acci, r`
', "JHSZSAS, on July 20, 1956, an accident happened between
a vehicle driven by Officer Norman L. Clark and a vehicle driven by
Ralph Gangl, while said Norman L. Clark was engaged in the perform-
ance of his duties for the Department of Public Safety of -the City
of Saint Paul; and
WHEREAS, said Norman L. Clark and Robert J. Zasada,
his passenger, also an employe of the Department of Public.:S6fety,
were injured in said accident, and there was damage to the City
vehicle involved; and
WHEREAS, the City has incurred. medical expenses in the
amount of $725.05 for the care of Norman L. Clark because of said
injury, and said employe was disabled for work because of said in-
jury, being paid the salary of $675.68 therefor; that there is
owing Dr. Donald Lannin the amount of $5.00, or a total of $1,405.73;
and
WHEREAS, Allstate Insurance Company, as the insurance
carrier for Ralph Gangl, has issued a draft payable to Norman L.
Clark, Earl Anderson, his attorney, and the City of Saint Paul in
the amount of $2,750 for personal injury sustained by Norman L.
Clark, including 10 per cent permanent partial disability to his
back; that a settlement has been reached between Norman L. Clark
and the defendant Gangl in a personal injury action commenced by
Clark in the total amount of $2,750, and that the City is subro-
gated to Clark's rights to the extent of $1,405.73 for medical
expenses and salary paid said employe; and
WHEREAS, Earl. Anderson, attorney for said Norman L.
Clark, is to receive one -third of the total settlement of $2,750
as attorney's fees, or $917, Norman L. Clark is to receive $1,100,
and the City is to receive the remainder of $733, less $5.00 which
is to be paid to Dr. Lannin for an outstanding bill; that this
settlement of $20750 is in full, final and complete settlement of
interests of all the parties, including 10/ permanent partial dis-
ability to the back of Norman L. Clark sustained in said accident; and
COUNCILMEN Adopted by the Council— 195 —
Yeas Nays
DeCourcy
Holland Approved 195 -
Marzitelli
In Favor
Mortinson
Peterson
Mayor
Rosen Against
Mr. President, Dillon
SM 2 -57 -Q&..2
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WHEREAS, the City has incurred medical expenses in
the amount of $96.50 for the care of Robert J. Zasada because of
his injury in said accident, and said employe was disabled for
work because of said injury, being paid the salary of $517.72
therefor, or a total amount of $614.22; and
WHEREAS, a settlement has been reached between Robert
J. Zasada and the defendant Gangl in a personal injury action
commenced by Zasada in the total amount of $2,250, of which
Earl Anderson, his attorney, is to be paid one - third, or $750,
as attorney's fees, which shall include attorney's fees incur red
by the City, Robert J. Zasada is to 'receive the sum of $1,150,
and the City is to receive the remainder of $350, its total
expenditures being $614.22; and
WHEREAS, the City is to receive an approximate 50
per cent settlement of its property damage claim, Registered Bill
No. 3 -271¢, or an amount, of $649.87; and
WHEREAS, it is understood by the parties that the
settlements in the personal injury cases above are to include
all costs incurred by the police officers in the prosecution of
their actions and the City's share of its expenses; and
WHEREAS, the office of the Corporation Counsel has
been furnished by the Allstate Insurance Company with a copy of
a release whereby Clarence C. Sarff, a passenger in the vehicle
driven by Ralph Gangl, releases Gangl and Norman L. Clark from
any and all claims, be it therefore
RESOLVED, The proper City officers are directed to
execute,. on behalf of the City of Saint Paul, a draft payable to
Norman L. Clark, his attorney Earl Anderson, and the City, and a
draft payable to Robert J. Zasada, his attorney Earl Anderson, and
the City, and to accept two checks of Mr. Anderson for the City's
share of the personal injury settlements of the police officers'
cases, one check being in the amount of $733 for reimbursement to
the City in the case of Norman Clark, and the other in the amount
of $350 for reimbursement to the City in the case of Robert J.
Zasada, and to accept the check of Allstate Insurance Company
in the amount of $649.87 for settlement of its claims in connection
Original to City Clerk
CITY OF ST. PAUL COUNCIL NO.
OFFICE OF THE CITY CLERK FILE
COUNCIL RESOLUTION — GENERAL FORM
PRESENTED BY
COMMISSIONER DA
-3-
with said accident; and be it further
RESOLVED, That the amount of $733 in connection with
the injury of Norman Clark be credited to Fund 31 -G1 -B; that of
the amount of $350 in connection with the injury of Robert J.
Zasada, $96.50 be credited to Fund 31 -G1 -B, and $253.50 be credited
to Fund 7 -C -1; that the check for $649.87 be credited in settlement
of Registered Bill No. 3 -2714; and be it further
RESOLVED, That the proper City officers are authorized
to execute a dismissal with prejudice in the case of the City of
Saint Paul vs. Ralph Gangl and to execute a release of the
City's claim and such other releases relative to the personal
injury claims as are necessary, in full, final and complete
settlement of the City's damage action against Ralph Gangl.
DES 71957
COUNCILMEN Adopted by the Council 195 —
Yeas Nays
DeCourcy
Holland Approved 195 -
Mar7itel>; In Favor
Mortinson /T
Peterson '? Mayor
Rosen
Mr. President, illon
SM 2 -57 2 pMLISMD