95-186Council File # ��'��
RESOLUTION
OF SAINT PAUL, MIN
Presented By
Referred To
Green Sheet # zi�n�
�
Committee: Date
1 RESOLVED, that upon execution and delivery of a release in fiill to the City of Saint
2 Paul, the proper City officers are hereby authorized and directed to pay out of the Tort
3 Liability Fund 09070-0511 to Darlene Wright and Meshbesher and Spence, her attomeys,
4 the sum of $64,000.00 in full settlement of her claim for damages arising out of an
5 automobile accident with a city squad car at or near Da1e Street and University Avenue in
6 the City of St. Paul.
7
8
9
10 APPROVED:
11 —
12 -
13 �
14 e of Dis ' Court �_ i.�. c� �
Requested by Department of:
City Attorney
Adopted by Council: Date ��j
Adoption Certified by Council Secretary
By:
Apps
Bye
BY: � lF.o �
Form Approved by City Attorney
By:
Approve b Mayor for S bmission to Council
By: � dCy�
gs-/�� �
IEPAqTMENTlOFHCEICOLLNGL DATE IMfT1ATED A I p �� A O A
GREEN SHEE '" � �
Cilt l Attorne 2/13/95 �NITIAL/pATE INITIAVDATE
:ONTAGT PERSON 8 PHONE a DEPApiMEM DIPE � CITY COUNCIL
Gail L. Langfield, 265-8748 ASSIBE OCRVATfOFNEY �CITYCI.EflK
.1USTBE ON COUNCI�ACaENDA BY (DAiE) q��� � BUDGET DIRECTOR � FIN. 8 MGT. SEflVICES DIR.
OROER rYl MAYOfl (OR ASSISTANn �
t"J
TOTAL # OF SIGNATURE PAGES (CLtP ALL LOCATIONS FOR SIGNATURE)
Approval of resolution settling cl�im of Darlene wright against the
City of St. Pau1 for $64,000.
_ PIANNINGCOMMISSION _ CIVILSERVICE
_ CIB COMMITTEE _
_ STAFF _
_ DISTRICTCpUfiT _
SUPPOqTS WHICH COUNCIL OBJECTNE?
PEBSONALSERVICE CONTRACTS MUSTANSWERTHE FOLLOWING �IfE5'lf6NS:
1. Has this person/Firtn ever worketl under a contraci for this departmeM? �
YES "° FEB 15 1995
2. Has this pereon�rm ever been a city employee?
YES NO
3. Does this personttirm possess a skill not normally possessetl by an � r� �
YES NO
Explafn all yes answers on separate sheet anC attach to green sheet
The basis for this action is a motor vehicle accident occurring on
February 8, 1990 involving Officer Timothy Jones and Darlene
Wright. Jones was driving a squad car and had decided to join a
pursuit of a stolen car. He was proceeding to the area with red
lights, but no siren, at a speed of approximately 45 mph. As he
was approaching the intersection of Dale and University he saw
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was proceeding through the intersection on a green light.
Ms. Wright claims as a result of the motor vehicle accident she
sustained back and neck injuries causing severe and constant pain.
Ms. Wright underwent surgery to remove a bulging disc in her lower
back and two additional surqeries to remove bulging discs in her
neck. It should be noted that prior to the motor vehicle accident
Ms. Wright sustained multiple trauma to her back and neck. In the
.08 for medical eapenses.
Ms. Wright brought suit in District Court alleging Officer Jones'
actions were negligent and she sustained injuries as a resulti of
the motor vehicle accident.
Trial before Judge Hachey was from January 9-il, 1995. The judge
has found that the surgeries were causally and directly related to
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expenses partly to her preexisting medical condition. He has
awarded Ms. Wright a verdict in the amo.unt of $60,434.34 plus costs
and disbursements. Plaintiff's costs and disbursements in this
case including prejudgment interest have exceeded $14,000.
4 �'�.i€y?a s�.����ia�E
i
TO7AL AMOUNT �F TRANSACTION $ 64 � OOO . O O
FUNDI(dGSOURCE Tort Liabili
FINANCIAL INFORMATION' (EXPLAIN)
COSTlHEVENUE BUDGE7E0 (CIRCIE aNE) YES NO
ACTIVITY NUMBEfl
9S-/gG
Although it is possible an appeal may be successPul, plaintif£ also
could prevail and the verdict at the new trial may approach or
exceed the liability cap. Settlement discussions have taken plaae
and Ms. Wright has agreed to settle Eor $64,000, and both parties
have agreed not to pursue an appeal. Our ofPice recommends
approval.