95-174• (� � � � � n , n � Council File � %�
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Green Sheet # 28632
Presented By _
Referred To '
RESOLUTION
CITY OF SAINT PAUL, MINNE,SOTA
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�02
Committee: Date
1 RESOLVED, that upon execution and delivery of a release in full to the City of Saint
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Paul and James M. Hohn, the proper City officers aze hereby authorized and d'uected to pay
out of the Tort Liability Fund 09070-0511 to Helen Follmer and Matthew Follmer the sum
of $5,700.00 in full settlement of their ciaim for damages sustained April 29, 1991, as a
result of a motor vehicle accident with a Saint Paul Public Works vehicle, at or near the
intersection of Third Street and Maria Avenue.
Requested by Department of:
City Attorney - - - � �
BY� �l�Su- �, U_c,c�,
Form Approved by City Attorney
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By:
Appx
By:
Approved by Mayor for Submission to Council
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By:
Adopted by Council: Date � � ,a.� ,�
Adoption Certified by Council Secretary
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DEPARTMENT/OFFICE/COUNCIL DATE INITIATED N� 2 8 6 3 2
c�t Attorne �s �t��e 2-la9s GREEN SHEE
CONTACT PERSON & PHONE INITIAL/DATE INRIAWATE
�DEPAFiTMENTDIRECTOR �CINCOUNCII
Lisa L. Veith 266-8774 p�IGN � CITYATfORNEY � p77 CLERK
MUST BE ON CAUNCIL AGENDA BV (DATE) NUMBER POP UDGET DIREGTOFi O FIN. & MGT. SERVICES Olfi.
POUTING
ORUEB MAYOR (Ofl ASSISTAIJn �
TOTAL # OF SIGNATURE PAGES (CLIP ALL �LOCATIONS fOR SIGNATURE)
ACTION REQUESTED:
Approval of res�lution settling claim of Helet� Follmer against the City of Saint Paul
and City anployee James M. Hohn for $5,700.00. . ,
RECOMMENDATIONS' npprove (A) or Reject (P) pERSONAL SERVICE CONTRACTS MUST ANSWEH THE FOLLOWING UUESTIONS:
_ PLANNING COMMISSION _ CIVIL SERVICE COMMISSION �� Has thi5 p2r50Mirm evef Wofked undef a COntreCt fOf thls tlepartment.
_ CIB COMMITfEE _ YES NO
_ S7AFF 2. Has this person/firm ever been a city employee? FEB � p �g95
— YES NO
_ DIS7RICT CoUH7 _ 3. Does this person/firm possess a skill not normally possessetl by any current ciry employee?
SUPPOBTSWHICHCAUNCILOBJECTNE'+ YES NO M � ,
Explain all yes answers on separate sheet and attach to gree�fEMY�� ������
INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why):
The accident which led to this claim occurred on Apri129, 1991 at the intersection of Third
Street and Maria Avenue. Claimant Helen Follmer was a passenger seated in the right
front seat of an automobile owned and operated by Dazlene Bergquist. Ms. Bergquist and
claimant were tra�eling east on Third to Maria and had the right of way; another vehicle
driven by Christine Williams was legally stopped in the intersection waiting to make a left
turn. As the Bergquist vehicle passed the Williams velucle, a Saint Paul Public Works utility
truck with a trailer attached driven b ublic works em lo ee James M. Hoh struck the
ADVANTAGESIPA vehicle, pushing it into the Bergquist vehicle. A subsequent DOT inspection
detemuned that the City vehicle and trailer had numerous safety violations that rendered
it unsafe to drive, and in addition, that nonfunctioning brakes on the trailer caused it to
jackl�ife into the Williams vehicle.
Ms. Follmer's chiropractor issued a report stating she sustained a 15 percent permanent
injury to the cervical and thoracic spine as a result of the motor vehicle accident on April
DISADVANTAGES . � . . .
Follmer was employed full-time as a surgical central supply aid at United Hospital, and as
a result of this incident claims $4,431.00 in actual wage loss. She also claims a loss of over
$9,500.00 as a result of being forced to retire 18 months earlier than she had planned.
An independent medical examiner retained by Ms. Follmer's No-Fault carrier was of the
opinion that Ms. Follmer suffered a 1 percent permanent injury as a result of tlus accident.
DISADVANTAGES IF NOT APPROVE
As a resuqt of setflement negotiations between the attorneys, a settlement agreement was
reached in which the claimant agreed to a payment of $5,700.00 by the CYty of Saint Paul.
Our office recommends approval. �, ��: ,; , � ;� ;Y; <�€2 i�:?�t���
���i-:1995
TOTAL AMOUNT OF TRANSACTION $��IOO- (1f) COST/REVENUE BUDGETED (CIRCLE ONE) YES NO
FUNDIHG SOURCE TOrt Liability ACTIVITY NUMBER O9O�IO
FINANCIAL INFORFtATION� (EXPLAIN)