95-81Presented By
Referred To
Committee: Date
1 RESOLUED, that upon execution and delivery of a release in full to the City of Saint
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Paul, the proper City officers are hereby authorized and directed to pay out of the Tort
Liability Fund 09070-0511 to William Willard and Sharon Willard and Carter J. Bergen the
sum of $6,000.00 in full settlement of their claim for damages sustained September 26, 1991,
as a result of a fall on a displaced sidewalk panel at or near the address of 1170 Minnehaha
in the City of Saint Paul.
Judge of District Court
Requested by Department of:
City Attorney
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Adopted by Council: Date �S l `�j
Adoption Certified by Counc' Secretary
By:
Appx
sy:
Council File # � 5�
Green Sheet # 28630
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA o� 3
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Form Approved by City Attorney
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Approved by Mayor for Submission to Council
BY: `�� �, �R
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DEPqRTMENT/OFFICE/COUNdI DATE INITIATED N� 2 8 6 3 0
. , 1-12-9s GREEN SHEE
CANT CT PERSON & P NE INITIALlDATE INVTVAVDATE
�DEPpRTMENTDIFiEGTOR �CfIYCOUNQL
ASSIGN CT'ATTORNEY CITYCLE(iK
MUST BE ON CqUNCIL AGENDA BV (DAT� 774 NUYBBR FOR Q BUDGET DIRECTOR g FIN. 8 MGi SEPVICES DIR.
NOUTING
OPOEq �+11 MpYOR (OR ASSISTANT) �
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TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS POR SIGNATURE)
ACT10N flE0UE5TE0: _
Approval of resolution settling c3aims of William A. Willard aga;�nst the City of
Saint Paul for $6,000.00
RECOMMeNDATtONS.approae(A)«aejeei(a) pEqSONALSERVICECONTRACTSMUSTANSWERTMEFOLLOWIN
_ PLANNING COMMISSION _ CIVIL SERVICE CAMMISSION �� Has this personpirm ever worKetl under a coMract for this department��
_ C�B ConnMI7TEe YES NO
_ STAFF 2. Has ihis personffirm ever been a city employee? �pN 1 Z 1995
— YES NO
_ oiSTRiCiCOUR7 — 3. Does this person/firm possess a skill not normally possessetl by any current ciry employee?
SUPPORTSWHICHCOUNCILOBJEC7IVE? YES NO r .�����'����
Explafn all yes answers on separate sheet and anach to green sheet
INITIATING PqOBLEM, ISSUE, OPPORTUNITV (Wlro, What, Wheq Where, Whyp
William Willard claims that he suffered permanent injuries in a
sidewalk fall near the address of 1170 Minnehaha while walking to
his job at the Saint Paul Brass Foundry on September 26, 1991.:
After the fall, sidewalk maintenance supervisor Tom Keefe inspected,
the partion of the sidewalk where the fall occurred, and found a
mildly tree heaved panel, causing a displacement, and ordered
repairs.
ADVANTAGESJF.APPRO broke his kneecap in the fall, and sustained injuries
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ta his hand, face and neck. Arthroscopic surgery was eventually
performed on the knee, and the surgeon advised Willard that he
risked further permanent injury if he returned to his job as a
foundry worker. He was of the opinion that it would be impossible
for Willard to resume employment in his former capacity. The
independent medical examiner retained by the City agreed with all
of the surgeon�s opinions.
DISADVANTAGES IFAPPROVED
Willard claimed $6200 for past medical expense, $30,00o for lost
wages, $2500 for future medicals, plus past and future pain and
suffering. The case was set for trial on January 30, 1995. The
attorneys participated in a pretrial on January 9, 1995, which led
to a settlement of all claims by the plaintiffs for payment of
$6000 by the City of St. Paul. Our ofPice recommends approval.
DISADVANTAGESIF NOTAPPROVED
�i�$ "�16�' ���-��"a�4 ���tEr
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TOTAL AMOUNT OF TRAt7SACT10N $ 6 OQ�_ OO COSTIREYENUE BUDGETED (CIRCLE ONE) YES NO
FUNDIfdG SOURCE r i i i 71t� ACTIVITY NUMBER 09070
FINANCIAL INFORMATION: (EXPLAIN)