95-1107Presented By
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RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
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Referred To
Council File # ����
Green Sheet # Z8646
Committee: Date
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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 Hazm Modder and Deborah Modder the sum of $10,000.00
in full settlement of their claim for damages sustained October 2, 1992 as a result of an
accident involving a city vehicle and a car driven by C�nthia Ferdig at or near the
intersection of Griggs and I,aFond.
Requested by Department of:
City Attorney
BY� �'�I�r.Cc� �1 , �/��1
Form Approved by City Attorney
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By:
Approved by
Approved by Mayor for Submission to Council
By: `� �= S��
By:
Adopted by Council: Date � �� �
Adoption Certified by Council Secretary
DEPARTMENT/OFFICE/COUNCIL
City Attorney
CONTACT PEflSON & PHONE
Lisa L. Veith 266-8774
MUST BE ON CAUNCII AGE4IDA BV (DATE)
TOTAL # OF SIGNATURE PAGES
9 s -��o��
N_ 28646
9/8/95 GREEN SHEET
INITIAVOATE INITIAVDATE
O DEPAPTMEN7 DIRECTOR � qTY COUNQL
\SSIGN �qTVATTOflNEY �CINCLERK
iUYBER POF
iOUTING � BUDGET DIRECTOfi O F1N. 8 MGT SEFVECES D1R.
)RD� � MAYOR (OR ASSISTANn �
(CLIP ALL LOCATIONS FOR SIGNATURE)
Approval of resolution settling claim of.Harm Modder and Deborah Modder
against the City of Saint paul for $10,060.00.
APProve (A) or Rel� (R)
_ PLANNING COMM15510N �7¢5ERy)CE COMMISSIDN
— 'YP�4�C.2 p L:e
_ CIB COMMITfEE _
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_ DISTRICTCOUBT � 'll�
SUPPORTS WHICH COUNCIL OBJECTNE�
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PEHSONAL SERVICE CONiRACTS MUST ANSWER 7HE FOLLOW NG �UEST.�ONS: „
1. Has tfiis personNl�m ever worketl urWer a contract for this depaflm��a:'.�r� E�����tt��+i �
VES NO
2. Has this personRirm ever been a city employee? ��� � cy .y�{��
YES NO ` 3 ! J
3. Does this person/firm possess a skill not normally possessetl by any curcent ciry employee?
YES NO
Explatn all yes answers on separate sheet antl attach to green sheet
The accident which led to this claim occurred on October 2, 1992,
at the intersection of Griggs and I�aFond in the city of Saint Paul,
Minnesota. While on patrol duty, Saint Paul police officer, Harm
Modder, was called to a violent domestic assault. The suspect had
pushed the victim through a plate glass window and struck her.
Upon arrival at the scene, Modder discovered the suspect, Undra
Welah, was fleeing the scene in his vehicle. Modder began a squad
a£��approximately 55 - 60 m.p.h., he struck a vehicle driven by
Cynthia Ferdig and owned by Steven Iepson. Ms. Ferdig was
proceeding south on Griggs and did not have a stop sign, and
olaimed she did not see the squad oar approaching.
Officer Modder and his wife Deborah sued under Welch, Iepson,
Ferdig and the City of Saint Paul for personal injuries and loss of
consortium. Ferdig filed a counter-claim against Harm Modder for
motion for summary judgment. Undra Welch, however, carried no
liability insurance and subsequently filed bankruptcy. The City of
Saint Paul was therefore obligated to provide uninsured motorist
coverage for Modder's liability claims against Welch. Under
Minnesota statute, a fleeing criminal suspect is liable for any
resulting personal injuries, whether or not his vehicle was
directly involved in causing the injury.
'�c'oTC��E°was tried by summary jury trial proceeding on August lo,
1995. Modder produced medical opinions from two physicians,
stating that he had suffered permanent injury to his back as a
result of the accident. The jury returned a verdict finding Modder
0% at Pault, Ferdig 10%, and Welch 90%, and awarded $13,800 in
damages, which included future medical expenses.
(Continued on next page)
TOTALAMOUNTOFTRANSACTION $ ZO.00O.00 COST/REVENUEBUDGETED(CIRCLEONE) YES NO
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FUNDIfdGSOURCE TOI't L13Y)117.[y ACTIVITVNUMBER 09070
FINANCIAL INFORMATION. (EXPLAIN)
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Following the summary jury trial, the Modders settled with Ferdig
for a sum of $2,000. The Modders demanded $25,000 to settle their
claims against the city. A jury trial was scheduled for September
25, 1995. Before trial, the Modders agreed to a settlement oP all
uninsured motorist claims against the city, for a total payment of
$10,00� by the City of Saint Pau1. Given the liability issues and
the medical opinions supgorting claims o£ permanent injury, this
office recommends approval.