96-400ORI�l�!A�
Presented By
Referred To
Council File $ ' � 0�
Green Sheet ,� 28648
RESOLUTION
OF SAlNT PAUL, MINNESOTA
RFSOLVED, that upon execution and defivery of a release in full to the City of
Saint Paui, the proper City officers are hereby authorized and directed to pay out of the
Tort Liability Fund 09070-0511 to John Davidson the sum of $25,�0 in full settlement of
his claim for damages sustained on March 6, 1993, as a result of an accident with a
police caz at or neaz the intersection of University Avenue and Griggs Street.
APPROVED:
�
Judge of District Court
4"� "� �
1 �'
Requested by Department of:
City Attorney
Adopted by Council: Date �,� � `1�
�—
Adoption Certified by Council Secretary
By:
Appr
By:
By: y1 J�C� �J` ' U�
Form Approved by City Attorney
BY� � I�CC �, ��
Approved by Mayor for Submission to
Council
By� r ���
9`.�00
GREEN SHE �CEfVED� � 2 8 6 4 8
rtumaware wmavoare -
Lisa Veith 266
TOTAL � OF SIGNATURE PAGES
O CITYA7TORNEY
FOR -
� BUDGET DIRECTOR
� m MAYOP (OR ASSISTI
(CLfP ALL LOCATIONS FOR SICaNATURE)
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Approval resolution settling claim of John Davidson agazns��e�City
of Saint Paul for SZS,000_ p p� 0 5 tgg6
RECOMMENDA710N5: apprme (A) or Reject (R) pER30NAL SERYICE CONTRACTS MUST ANSW EH THE FO�.�.�}I�r�A�.
_ PLANNING COMMISSION _, CIVII SERVICE COMMISSION t. Has this personfl�rm ever worketl untler a contract for lhis tle j3�dhhteMry'
_ CIB C01dM1TTEE _ YES NO
, SiACF 2. Has this perSOnlfirm ever been a ciry employe¢?
— YES NO
_ DISTRICTCOlJAT
SUPP0�1{,��p�.�13 . i�'i(�� � {�
19��
3. Does this person!(irm passess a skill not normally possessetl by any curcent city employee?
YES NO
Expfain ell yes answers on separate sheet and attach to grcen shcet
The accident whiah led to this lawsuit occurred on March 6, 1993,
near the intersection of University Avenue and Grigqs Street in the
Ci�y of St. Paul. Claimant John Davidson was seated in the
driver's seat of his own vehicle, which contained two passengers
and was legally parked on the north side of University Avenue. At
about 1:00 a.m., St. Paul police officer Mark Sletner was
proceeding east on University Avenue at approximately 45 m.p.h.,
�"urg�ary in process. As Sletner approached Griggs, defendant
Cletus Okpalaeke pulled out of a parking lot on the north si8e of
University and directly into the left lane. Officer Sletner
swerved to avoid hitting him, and as a result struck Davidson's
vehicle.
Davidson suffered injuries to his neck and back. He never returned
to his job as a car detailer at Wilkins Dodge, where he had been
physical limitations precluded him from returning to work.
Davidson applied for Social Security benefits and, in the course of
evaluation for disability, was found to have an I.Q. below 60,
thereby precl�dinq him from returning to the job market with his
physical limitations. He qualified for total disability benefits.
The independent medical examiner retained by the City confirmed
that Davidson did suffer a C-7 radiculopathy to his spine as a
Davidson incurred over $8,000 in
from the time of the accident
$50,000, and will continue at a r�
was set for trial on April 29, 19S
pay his policy limits of $30,000.
medical e�cpenses. His wage lass
to the present amounts to over
�te of $19,000 per year. The case
6. okpaleake's insurer agreed to
Davidson demanded $90,000 from
TOtAI AMOUNT OF TRANSACTION $ 2 S, O O O
FUNDItdGSOUNCE Tort Liabili
RNNNCIFL INFORMATION: �EXPLAIN}
COST/REVENUE BUDGETED (CIRCLE ONE) YES NO
ACTIVITYNUMBER OgO7O—S11
q�,.�oo
the City of St. Paul, and eventually agreed to accept the sum of
$25,000. Given the extent of damages and the fact that the City
would be held jointly and severally liable for any injury award,
this office recammends approval.