177805 ;la?n.l�to city ct®:k 17‘805
CITY OF ST. PAUL CO NCIL NO.
OFFICE OF THE CITY CLERK
Co -NCIL RE'i•LUTION—GENERAL FORM
RESENTED BY r / /
OMMISSIONE AvAlEoMeeleameeliell2LA DATF
1
I
RESOLVED, on the recommendation of the office of the
Corporation Counsel, that the City of Saint Paul pay the
Judgment docketed in the case of Barbara Floetl vs. Frank J.
j Drassal, in the amount of Three Thousand Nineteen Dollars and
ten Dents ($3019.10) , and the proper City offioers are
authorized to present a draft to the Plaintiff Barbard Floetl,
and to her Attorney, in full satisfaction of said Judgment,
upon the Judgment in said ease being satisfied of record.
—Council File No 177805.—By Bernard
T.Holland—
Resolved, On the recommendation of
I the office of the Co ratio !Counsel.
that the city of Mint'Pau pay the
Judgment' dock in tpe.,cue of
Barbara
the amount of Threeee o ant
and the:preps orate: are tau)
P' tr o htieo
s_b fit, u the ennt in said
Ado pted by the Conf nil i y 10. $d.
Approved may 10. 19 .
(May 12, 1006)
l
MAY 101956
COUNCILMEN Adopted by the Council 195_
Yeas Nays
ibbona MAY 101956
alvorson Approved 195-
o land
Itelli Favor e-ap t 'kviisfv\
Mayor
ortinson
. .Peterson Against
President, Dillon
5M 6-55 AINie.2
17 78()5
Duplicate to Printer
CITY OF ST. PAUL FILE NCIL NO.
OFFICE OF THE CITY CLERK
COUNCIL RESOLUTION—GENERAL FORM
PRESENTED BY
COMMISSIONER DATF
11 'SOLVT , on the recommendation of the office of the
Corpor tion Counsel, that the City of Saint Paul pay the
Judgment docketed in the case of Barbara Floetl vs. Frank J.
Drassal, in the amount of Three Thousand Nineteen Dollars and
ten cents 03029.10) , and the proper City officers are •
authorized to present a draft to the Plaintiff D .rba:rd Ploeti,
and to her Attorney, in full satisfaction of said Judgment,
upon the Judgment ment in said case being satisfied: of record,
0 L956
COUNCILMEN Adopted by the Council 195_
Yeas Nays
Gibbons
Halvorson Approved 195_
Holland
Marzitelli Tn Favor
Mortinson Mayor
Peterson - ' Against
Mr. President, Dillon
1 6-55 2
MEMORANDUM c)
On October 28, 1955 in District Court of Ramsey County
there was tried the case of Barbara Floetl vs. the City of
St. Paul and Frank Drassal. This case resulted from an auto-
mobile accident which occurred at Dayton and Western Avenues
in the City of St. Paul on May 22, 1953 wherein City owned
vehicle No. 33 of the Parks and Playgrounds Department, driven
by Frank J. Drassal, struck the rear end of the vehicle driven
by Barbara Floeti, both vehicles proceeding in a southerly
direction on Western, and the Floeti vehicle being stopped for
the stop signal at Dayton.
The accident, as reported by Mr. Drassal, was caused by
the brake failure of the vehicle, and his impossibility to
swing around the Floeti car because of an on-coming vehicle
which turned off of Dayton and was proceeding in a northerly
direction on Western. Unable to bring the City vehicle to a
stop, Mr. Drassal struck the rear of the Floetl vehicle, caus-
ing serious injuries to its sole occupant, Mrs. Barbara Floetl.
Mr. Drassal, in his report prepared for the Corporation Counsel,
• and in his testimony, indicated that he had had previous trouble
with the brakes, and had attempted to have them repaired at
the Municipal Garage; that the brakes had functioned for a
period of about two weeks properly and then again suddenly faded
immediately prior to this accident.
At the time of the accident he was proceeding, in the course
of his duties on behalf of the City, having returned from the
University of Minnesota where he had addressed a group of seniors
in the physical education department, it being part of his function
as Supervisor of Recreation, to make talks to such groups to
interest the students in the field of recreation.
At the conclusion of the trial of this case the Court dis-
missed the action as to the City of St. Paul on the legal ground
that the City was performing a governmental function for which it
could not be held liable under the law existing in this state.
The jury thereafter on October 31, 1955 found against the Defen-
dant Frank J. Drassal, and returned a verdict against him and
in favor of the Plaintiff Mrs. Barbara Floetl in the sum of
$3,000.00. Subsequently -thereto, a Motion for New Trial was
made which was denied by the Court and no Appeal has been pur-
sued in the case.
On March 7, 1956 Judgment was entered in District Court,
Ramsey County, Minnesota in favor of Barbara Floetl and against
Frank J. Drassal in an amount of $3,019.10, representing the
verdict of $3,000.00 plus court costs incurred in the action.
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