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94-1059 ORIGINAL Council File # 99 Green Sheet # 22417 R SOLUTION • ITY OF i NT PAUL, MINNESOT A. Presented By Al . _ ���. sr Referred To Committee: Date i 1 RESOLVED, that upon execution and delivery of releases in full to the City of 2 Saint Paul, the proper City officers' are hereby authorized and directed to pay out of the 3 Tort Liability Fund 09070 -0511 to 'Patricia Davern, who was injured in a fall from the 4 Selby Avenue Bridge on July 4, 1992, the sum of $15,000,00, attorney's fees of 5 $26,411.26, costs and disbursements of $3,500.00, and to purchase an annuity that will 6 pay to her the guaranteed payments of $27,875.00 on December 31, 1999; $35,000.00 on 7 December 31, 2004; $50,000.00 on December 31, 2009 and $78,366.55 on December 31, 8 2014 (the current cost of the annuity is $73,472.00). The proper City officials are further 9 authorized pay to Medica Choice the sum of $5,200.00 in settlement of its intervention 10 claim for past medical expenses. 11 12 APPROVED: 13 14 15 16 Judge of District Court . i Yeas Nays Ahlsent Requested by Department of: Blakey , Harris Grimm I/ City Attorney Guerin Megard ' Thune to'''.' By: ,, // t,vvt o ` � . , ,i \Cis1'LY. I t Iq.k"` Form Approved by City Attorney Adopted by Council: Date vi Li yy Adoption Certified by Counc Se r Mary B �"l._,, v . 1 G,, /y IC I i y By: • -. ,` . — ►• AI .IMME,. Approv - : b Mayor for Su. ission to ApprovedfaYoDat = A I % Counc v.,44, ', // / / By: 1 DEPARTMENT/OFFICFJCOUNCIL DAT, INmaeo Cit Atto "7/ GREEN SHEET INITIAL/DATE N° 2 2 4 1 7 INITIAUDtE — C • - & • . 0 DEPARTMENT DIRECTOR E:1 CITY COUNCIL Frank E. Villaume III, 266-8775 " poll 0 CITY ATTORNEY E CITY CLERK MUST BE ON COUNCIL AGENDA BY (DATE) NG BUDGET DIRECTOR El FIN. & MGT. SERVICES DIR. EL R MAYOR (OR ASSISTANT) El TOTAL # OF SIGNATURE PAGES (CUE ALL LOCATIONS FOR SIGNATURE) ACTION REQUESTED: Approval of resolution settling claim of Patricia Davem against the City of Saint Paul. RECOMMENDATIONS: Approve (A) or Refect (A) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS: PLANNING COMMISSION CIVIL SERVICE COMMISSION 1 Has this person/firm ever worked under a contract for this department? YES NO — as COMMITTEE 2 Has this person/firm ever been a city employee? STAFF YES NO _ DISTRICT COURT 3 Does this person/firm possess a skill not normally possessed by any current City employee? SUPPORTS WHICH COUNCIL OBJECTIVE? YES NO &plain MI yes answers on separate sheet and attach to green sheet INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What. When, Where, Why Patricia Davern filed suLt for injuries she sustained in a fall from the Selby Avenue Bridge on July 4, 1992. Following the annual inspection of the Selby :ivenue Bridge on October 2, 1989, it was the opinion of the City Bridge Engineer that closure was necessary; the State Bridge Engineer concurred. The Selby Avenue Bridge was ordered closed to vehlcular traffic on November 17, 1989. Barricades were installed at either end to prevent motor vehicles AGEs a p r n spkusing the bridge. Si4lis were er‘..t=d LhaL ctid "BRIDGE CLOSED". The bridge roadway remained open to pedestrians and bicycles. The sidewalks were barricaded at either end and signs were posted that said "SI)EWALK CLOSED - PEDESTRIANS USE ROADWAY". The City continued to inspect, maintain and repair the Selby Avenue Bridge. On July 3, 1992, at approximately 11:00 p.m., an unidentified caller reported to the Public Works complaint desk that he observed mwomawaplames, missing trom the sldewalk on the Selby Avenue Bridge. The Public Works complaint driver was notified and went to the bridge. He observed the signs and barricades, concluded that the bridge was closed and that no action, including the placement of flashers, was necessary and so notified the complaint desk. The following evening, July 4, 1992, at approximately 10:00 p.m. Ms. Davern, then nineteel years old and in the company of three friends, went to the Selty Avenue Bridge to watch fireworks. She DISADVANTAGEEtiter Alkaltr been to the oridge before. She denied seeing the barricades at either end of the sidewalk with signs directing the pedestrians to the roadvay. While walking on the bridge she observed several planks m.ssing in the north sidewalk. She and her friends continued walking a short distance and stepped over the TOTAL AMOUNT OF TRANSACTION I 122 ' COST/REVENUE BUDGETED (CIRCLE ONE) YES NO C Tort Liability 09070 FUNDING SOURCE ACTIVITY NUMBER FINANCIAL INFORMATION: (EXPLAIN) • g / q(/ -/0.5 T curb onto the sidewalk. Several minutes later, a passerby threw a firecracker, startling M. Davern, who jumped and fell through a second hole twenty- eight J to the ground below. Neither Ms. Davern nor her friends had seen the second hole. Ms. Davern sustained a comminuted (multiple) stable pelvic fracture and left calcaneous (hee1)I fracture causing the loss of much of her arch, loss of some flexion and an outward angulation of her foot. She developed reflex sympathetic dystrophy, a neurological disorder characterized by burning pain and swelling. She was hospitalized for three weeks and convailesced at home several additional weeks. The reflex sympathetic Idystrophy was treated with marcaine injections via an epidural. catheter and she essentially recovered. However, her treating doctors recommend surgery to fuse and realign her heel and resolve pain,1 swelling and difficulty with walking and running. The disability to her foot is rated at 25 percent. Her past medical expenses are approximately $8,700. The cost of future estimated at 47 400.00 over medical care and special rthotics is m $ , P $ her anticipated life expeOtancy of 54 years. The City and the plaintiff have reached a settlement that includes $15,000.00 to the plaintiff upon approval of the settlement, payment of $26,411.26 in attorney's fees and $3,500.00 in legal costs and disbursements and the purchase of an annuity that would pay her the following guaranteed payments: $27,875.00 on December 31, 1999, $35,000.00 on December 31, 2004, $50,000.00 on December 31, 2009 and $78,366.55 on December 31, 2014. The current cost of the annuity is $72,472.00 but the rates may change slightly before settlement approval and purchase of the annuity. The settlement calls for the City to boar the risk of the rates increasing or decreasing. In additiono the City agrees to satisfy the Medica Choice intervention clairh for past medical expenses for $5,200. The total settlement cost is approximately $122,583. Our office recommends approval.