96-118Council File # 9/
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Green Sheet #
ESOLUTiON
NT PAUL, MINNESOTA
Presented
Referred To
Committee: Date
�
RESOLVED, that upon execuflon and delivery of a zelease 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 04070-0511 to Dean McAdams, as trustee for the next of kin of Vong L.ee,
deceased, the sum of $40,000.00 in full settlement of his ciaim for damages sustained
August 18, 1993, as a result of the drowning death of Vong L,ee in Wheelock Way Pond.
By:
Appr
By:
Requested by Department of:
City Attorney
B � ,v-�_,•Ge�....�
Form Approved by City Attorney
BY� � � ��i/
Approved by Mayor for Submission to
Council
B��-G,- ���.��
28625
Adopted by Council: Date � �„ '1_ ��9 �
r
Adoption Certified by Council Secretary
9G- �/� ✓
N_ 28625
TOTAL # OP SIGNATURE PAGES
GREEN SHEET
FO�O CRYATTOfiNEY
O Bl1DGET OIRECTOR
■ � MAYOF (OR ASSISTANn
ALL LOCATIONS FOR
INRIAIJDATE
�CITYGOUNCIL _
� CiT'CLEPK _
� FIN. 8 MGT. SERVICES DfR.
❑ -
A�proval of r.esolution settling claim o£ Dean McAdams as trustee £or the
heirs and next of kin o£ Vong Lee against the City of Saint Paul for
$40,000. •
° `"""""" CVO° """" : ° ��' `" °"""" "" PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS:
_ PLANNING COMMISSION _ CIVIL SEflVICE COMMISSION �� Has this person/Firm ever worked under a contract for this department?
— GB CqMMITTEE YES NO
ei....=3 V i... 2. Has Nis person/firm ever been a city employee?
— � — YES NO
_ DIS7RICT CoURT 3. Does ihis person/Firm possess a skill not normally possessetl by any current city employee?
SUPPORTS WHICH COUNCIL OBJEC�I 2 4 1996 YES NO
Ezplain all yes answers on separate sheet antl attach to green sheet
��SR.ape+e�� ��: V�;�
INITIATING PFOBLEM, ISSUE, OPPORTUNITV (Who, What, When, Where, Why):
Dean McAdams, the trustee for the heirs and next of kin of Vonq
Lee, brought an action against the City of St. Paul in State
District Court. In his action he alleged that the City of St. Paul
was negligent in the construction and maintenance of Wheelock Way
Pond, a small body of water constructed by and located in the City
of St. Paul. Vong Lee was six years old at the time of his death.
This was the second child drowning death at this body of water in
1255 that three vears. In the CaSe lT7v[�lvinrx tha firct flrnc..ninrr
�tr�vEOcity lost its motion for summary judgment based
municipal parks and recreation immunity at the Trial Court
as be£ore the Court of Appeals. Plaintiff is alleging
facts which, if believed by a jury, would expose the Cit
statutory liability limits. Given the potential for a
verdict and the additional costs which would be incurred
matter goes to trial, this office recommends settlement
matter in the amount oP $40,000.00.
OISAOVANTAGES IF APPR�VEO.
on our
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DISADVANTAGES IF NOT APPROVED:
TOTAL AMOUN7 OF TRANSAC710N $ 40 � 000 _ n0
.3
COS7/REVENUE BUDGETED (CIRCLE ONE) YES NO
FUNDIIdGSOURCE � Ll3bll.lty ACTIVITYNUMBER 09070
FINANCIAL INFORMATIOM (EXPLAIN)