10-312Council File # l - r �
Green Sheet # �_�L L�6,��
Presented by
CITY OF
�
BE IT RESOLVED, that upon execution and delivery of a release in full to the City of Saint Paul, the
proper City officers are hereby authorized and directed to pay out of the Tort Liability Fund 09070-0511 to
Lisa A. Cline, Trustee for the Heirs and Next-of-Kin of Margaret A. Kuehn, and her attorneys, O'Neill &
Murphy, LLP, the sum of one hundred and seventy-five thousand dollars and no cents ($175,000.00), in
full and final settlement of SPCAO Civil File No.: S 10-0021 and all claims for damages regarding the
death of Margaret A. Kuehn on June 20, 2009.
Date: � � �— ��
MINNESOTA
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�
Ju e of District Court
i'
Bostrom
Carter
Stark
Thune
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Requested by Department o£
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BY � ."�,/"��`�
Approved by the Offic�e o� Services
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Adopted by Council: Date
Adoption Certified by Coun il Secretary g ��
By:
Approved � a Date � �
By:
RESOLUTION
by Mayorfor
to Council
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� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
� DepartmenUOffce/Council: Date Initiated: � D / � � � ( T
� ; Z9MAR�o,a ; Green Sheet NO: 3104516 ���
Contact Person & Phone:
Cheri Sisk
� Must Be on Council Agenda by (Date):
, 07-APR-10
Doc. Type: RESOLUTION W/$
TRANSACTION
E-Document Required: N
Document Contact:
Contact Phone: 6-8768
�
Assign
Number
� For '
Routing
Ordef
Total # of Signature Pages _(Clip Ali Locations for Signature)
0
�
2
3
4
5
6
_r, y
�
j ncvon Hequestea:
� Approval of Resolurion settling claims of Lisa Cline, Trustee for the Heirs and Next-of-Kin of Margaret A. Kuehn against the City
� of St. Paul and its employees for $175,000.
Recommenda6ons: Approve (A) or Reject (R)�
Planning Commission
CIB Committee
Civil Service Commission
Personal Service Contracts Must Answerthe Following Questions:
1, Has this person/firm ever worked under a contract for this department?
Yes No
2. Has this personffirm ever been a city employee?
Yes Na
3. Does this person/firtn possess a skill not normally possessed by any
current city employee�
Yes No
Explain all yes answers on separate sheet and attach to green sheet.
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
When responding to a motor vehicle accident on June 2Q 2009, Thomas Murakami, St. Paul Fire Department employee, backed a
medic rig down an alley, without the use of a spotter, and struck and fatally injured Mazgazet Kuehn. Cline alleges that the drivey as
well as other City employees at the scene, were negligent for failing to follow department policies relating to vehicle backing and
crowd conhol. The City's exposure in this wrongful death action is up to $400,000. The parties agreed to resolve this matter to avoid
the costs and risks of lirigation.
Advantages If Approved:
The City would avoid the costs and risks of litigation and trial. Settlement of this case is not an admission of liability.
pisadvantages If Approved:
None.
�� Disadvantages If Not Approved:
; The lawsuit will commence and expose the City to greater fmancial risk.
i
Total Amount of g175,000.00
Transaction:
Funding source: Tort Liability Fund
Fi nan cial Information:
(F�cplain)
CostlRevenue Budgeted: Y
Activity Number. 09070-0511
March 29, 2010 9:28 AM Page 1
Council File # � - ?j
Greeu Sheet # 3�d L�,S��
RESOLUTION
Presented by
CITY OF SAINT
L, MiNNESOTA
�
BE IT RESOLVED, that upon execution and delivery of a release in full to the City of Saint Paul, the
proper City officers aze hereby authorized and directed to pay out of the Tort Liability Fund 09070-051 I to
Lisa A. Cline, Trustee for the Heirs and Next-of-Kin of Margazet A. Kuehn, and her attorneys, O'Neill &
Murphy, LLP, the sum of one hundred and seventy-five thousand dollars and no cents ($175,000.00), in
full and final settlement of SPCAO Civil File No.: 510-0021 and all claims for damages regazding the
death of Margazet A. Kuehn on June Z0, 2009.
Date: � � a �— ��
Ju�ge o D stric�urt !^
,
�
Bostrom
Carter
Stark
Thune
Adopted by Council: Date
By. / �1Lr
�--
Approved by Mayor for
Adoption Certified by Co il Secretary g ��
By: �
Approved �� �� �. �Date � ZQ
By:
Yeas Nays Absent Requested by Department of:
� -�' ✓��
By: � , '
Approved by the Office of ' anciaL Services
� � ��
� —
✓
to Council
�.3 -� -�zvio
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
Department/�ce/COUncil: ; Date Initiated: � 0 � � � � �
cA-��riAtt°mey i 2gMAR2o�o , Green Sheet NO: 3104516
Contact Person & Phone:
Cheri Sisk
Must Be on Council Agenda by (Date):
07-APR-10
Doc. Type: RESOLU710N W73
TR4NSACTION
E•DOCUment Required: N
Document Contact:
Contact Phone: 6-8768
�
' Assign
Number
Por
� Routing ��
Ordef
0
i
2
3
4
S
6
� �
� CStyAttorney � �
' MaVOr/Assistaut
C�ty Council ,
Ci — 1� Clerk � ,
I
Total # of Signature Pages _(Clip All Locations for Signature)
I Action Requested:
i Approval of Resolurion settling claims of Lisa Cline, Trustee for the Heirs and Next-of-Kin of Margazet A. Kuehn against the City
i of St Paul and its employees for $175,000.
I
Recommendations: Approve (A) or Reject (R):
Pfanning Commission
CIB Committee
Civil Service Commission
Persooal Service Cont2cts Must Answer the Following Questions:
1. Has this persoNfirm ever worked under a contract for this department?
Yes No
2. Has this persoNfirm ever been a ciry employee?
Yes No
3. Does this person/firm possess a skill not normally possessed by any
current ciry employee?
Yes No
F�cplain ail yes answers on separate sheet and attach to green sheet.
Initiating Problem, lssues, OppoRunity (Whq What, When, Where, WhyJ:
When responding to a motor vehicle accident on June 20, 2009, Thomas Murakami, St. Paul Fire Department employee, backed a
medic rig down an alley, without the use of a spotter, and struck and fatally injured Margazet Kuehn. Cline alleges that the driver, as
wel( as other City employees at the scene, were negligent for failing to follow department policies relating to vehicle backing and
crowd control. The City's exposure in this wrongful death action is up to $400,000. The parties agreed to resolve this matter to avoid
the costs and risks of litigation.
I Advantages If Approved:
The City would avoid the costs and risks of ]itigation aud hial. Settlement of this case is not an admission of liabiliry.
I
DisativantageslfApproved:
� None.
Disadvantages If Not Approved:
The ]awsuit will commence and expose the City to greater finanoial risk.
TotalAmountof �175,000.00
Trensaction:
Funding Source: Tort Liability FUnd
Financiai Information:
(Explain)
CosURevenue Budgeted: Y
Activity Number: 09070-0511
March 29, 2010 928 AM Page 1