95-626ORIGINqL
RESOLUTION
OF SAINT PAUL, MI
Presented By
Referred To
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Council File # 9�Ga �
Green Sheet # 28637
ESOTA
Committee: Date
�s
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 Rayford F. Hickman and his attorneys, Kalina, Wills,
Woods, Gisvold & Clark the sum of $16,000.00 in full settlement of his claim for damages
arising out of a motor vehicle accident with a city vehicle at or near Dale Street and St.
Anthony Parkway on May 14, 1991.
APPROVED BY:
Judge of District Court
Requested by Department of:
Adopted by Council: Date �
Adoption Certified by Council Secretary
BY = r�. �
��� ��� ;
Approved by May Date r �,,�
BY; , G'G�/�Cc C�/�` //
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_City Attorney's Office
By: � �. �
Form Approved by City Attorney
By: 1 °�ifXM- �, �
Ap oved by Mayor for Submission to Council
i� .
By:
9���6 �
- pEPARTMENTlOFFICEICOUNCIL DATE INLTIATED l V� Z 8 6 3 7
c�t Attorne �s Office �Z_95 GREEN SHEE
CONTACT PERSON & PHONE INfTiAVDATE INITIAVDATE
�DEPARTMENTOIRE �CINCOUNCIL
Theodore D. Leon 266-8747 N YBEH FOR 0 pTYATfOflNEY f�l CITY CL.EFiK
MUST BE ON COUNCIL AGENOA BV (DAT� pp�� O gUDGET DIRECTOFi O FIN. & M6T. SERVICES DIR.
ONDEfl � MqYOR (Ofi ASSISTANn O
TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE)
ACTION qE�UESTED. .
Approval of resolution settling claim of Rayford F. Hiclmian against
rhe City of St. Paul for S16,000.00_ . JllN 01 1995
RECAMMENOATIONS' Approve (A) o� Rejec[ (R) pERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING �� ��p��
_ PL4NNING COMMISSION _ C��IL SERVICE COMMISSION �� Has this person/firtn ever worketl under a contract for this tlepariment?
_ CIB COMMITfEE ��� �Q"�'���� _���R YES - NO '
2. Has this pereon/Firtn ever been a ciry employee.
_ STAFF
— YES NO
_ DIS7RICT CAURT � t c - +u � 3. Does this personRirm possess a skill not normally possessed an current ci em lo ee?
v�' ts i? 1.1J bY Y IY P Y
SUPPORTS WHICH COUNCIL O&IECTIVE? YES NO
Explain ell yes answers on separate sheet antl attaeh to green sheet
INITIATING PpOBIEM, ISSUE. OPPORTUNITY (Who, What, When, Where, Why):
On May 14, 1991, plaintiff Rayford F. Hickman was operating a
motor vehicle at the intersection of Dale Street and St. Anthony
Parkway. Mr. Hickman was proceeding on a green light through the
intersection when his vehicle was struck broadside by a vehicle
leased by the city of St. Paul and operated by St. Paul Public
Works employee Steven J. Herbert.
ADVANTAGE IFAPPROV '
�ccorc�l to police reports Mr. Aerbert stated, at the scene that
he "wasn't paying attention [and] blew the light."
Mr. Hickman is a thirty two year old single man. He has been
unemployed since shortly after the accident. Mr. Hickman claims
permanent injuries as a result of the accident. xe has treated
extensively since the accident to the present date. A multi-level
lumbar decompression laminectomy was performed on Mr. Hickman on
DISADVANT . � • r •
medical expenses and $7,500.00 in lost wages.
Mr. Hickman did have some prior and subsequent history of
trauma and degenerative changes to his spine. The neurologist who
performed an Independent Medical Examination for the City on Mr.
Hickman agreed that the accident of May 14, 1991, had aggravated a
pre-existing degenerative spine condition. Experts retained by Mr.
Hickman o ined that the Ma 14 1991 accident was a substantial
DISADVANTA���7(�FqP��E�ng cause oP his current condition. All experts agreed
that Mr. Hickman has a permanent disability.
This case was scheduled for trial on June 12, 1995. On May
25, 1995, a pre-trial hearing was held and settlement negotiations
were initiated. On May 30, 1995, the parties agreed to settle all
Mr. Hickman's claims for a total payment of $16,000.00 by the City
of St. Paul. Given the liability issues and the extent of Mr.
.
matter in the amount of $16,000.00.
TOTAL AMOUNT OFTRANSAC710N S �-6 OOO.00 COST/pEVENUE BUDGE7ED (CIRCLE ONE) VES NO
FUNOIIdG SOURCE `�1rt Liahilit� ACT14lTY NUMBER �
FINANCIALINFORMATION:(EXPLAIN)