95-334� Council File # 9S 3 3�
- 0 R 1 G C�I A L Green Sheet # 28635
RESOLUTION
CIIY OF SAINT PAUL, MINNESOTA ��
Presented By
Referred To
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Committee: Date
RESOLVED, that upon execution a� 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 Barbara Moudry and the law firm of Meshbesher and
Spence, Ltd., the sum of $12,500.00 in fiill settiement of her ciaim for damages sustained
October 13, 1992, as a result of a motor velucle accident at the intersection of 11th and
St. Peter Streets in St. Paul.
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J�ge of District C '
Re�uested py Department of:
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Byc
app:
By:
By:
Form Appr ved by City Attorney
BY� �ii.
Approved by Mayor for Submission to
Council
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Adopted by Council: Date �,��9, S��qS
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Adoption Certified by Council Secretary
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DEPAflT}J�PIT/pFFICE/COUNCIL DATE INRIATED N� 2 8 6 3 5
City Attorney ��f��e �z�--9s GREEN SHEE �NRIAINATE
CANTACT PERSON 8 PHONE � DEPqqTMENT DIREGTOfl � CIN CAUNCIL
Gerald T. Herx3rickson 266-8772 A���'N � CfiYATfORNEY � CRV CLERK
MUSTBE ON COUNCI� AGENDA BY(DAT� NUMBEP fOfl BUDGET OIRECTOfl FIN. & MfaT. SERVICES DIR.
flOUTING
OflDER MAVOR (OFi ASSISTANT) �
TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNANR�
ACTON qEQUESTED:
Approval of resolution settling claim of Barbara Moudry against the City of Saint
Paul £or $12,500.00_
RECOMMENDATIONS: Approve (A) or Reject (R) pERSONA� SERVICE CONTRACTS MUST ANSWER THE FOLLOWING .
_ PLANNING GOMMISSION _ CIVIL SERVICE COMMISSION �� Has this pef50n/fiRn evEr wofked Undef d COntfaCt fof this departmen[?
— CIB COMMITfEE _ YES NO WIAR 2 0 1995
— SrAFF 2. Has this person/tirm ever been a ciry employee?
— YES NO
_ DiSTRICT COUR7 _ 3. Does this personRirm possess a skill not normally possessed by
SUPPORTS WNICH COUNCIL OBJECTIVE? YES NO �� �
Explain all yes answers on separate sheet and attach to green sheet
INITIATING PROBLEM, ISSUE, OPPOflTUNITY (Who. What, When, Where. Why):
Barbara Moudry sued the Ciiy for personal injuries received on October 13, 1992,
in a caz accident at the intersection of llth and St. Peter Streets, St. Paul, MN. She was
proceeding east bound on 11th, and claims to ha�e entered the intersection on a green light.
She was stzuck from her left by a City pick-up truck travelling south bound on St. Peter.
'The City pick-up truck was driven by a City Public Works employee, James Cunnien, who
was on work time and was driving to a work site. C4�nnien claims to have had the green
li t. Wimesses state that C�innien entered on the red li ht but that the li ht chan ed
A°"""TA�ES'F "'y with the impact, suggesting that Moudry entered the intersection on a yellow,
or perhaps a red. �
Moudry's vehicle rolled over. She was removed from the vehicle by pazamedics and
taken to St. Paul Ramsey Medical Center. She was hospitalized for seven days with 4
fractured ribs, and a splenic hematoma. One week after her release, she suffered a plural
effusion, and 800 ml of fluid was removed from her lungs. Two weeks after her release, she
DISA�VANTAGE51 > >
second time, 2300 ml of fluid was removed from her lungs. She has fully recovered.
Moudry incurred $15,299.68 in medical eacpenses. She suffered $5487.00 in wage loss,
of which $3800 was uncompensated.
Moudry has agreed to release all claims in return for $12,500. The City Attome}�s
DISADVANTAGES IF NOTAPPROVED:
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�IAR 2 � Zca,`-
70TAL AMOUN7 OF TRANSACTION $�Z _ SOO. OO COST/REVENUE BUDGETED (CIRGLE ONE) YES NO
FUNDIWGSOURCE Zbr"t L7.dL�111'ty ACTIVITYNUMBER O9��IO
FINANCIAL INFORMATIOM (EXPLAIN)