96-553OR1GI�.�AL
Council File # ���SS3
�reen Sheet � 3116 0
RESOLUTiON
CITY OF SAINT
Presented By
Referred To
1
2
3
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Committee: Date
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RESOLVED, that upon execurion 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 04070-0511 to Brian K. Stanford the sum of $5,500 in full settlement of
his claim for damages sustained on June 16, 1994, as a result of a sidewalk fall on Dale
Street, between Selby and Dayton Avenues, in the C�ty of St. Paul.
BY- \ \ � .
Approved by May . Date te
By: �rii� 5�,�
Requested by Department of:
City Attorney
By: •\��L.W""" "+
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Form / A ` p�proved by City Attorney
BY`��' `L..L+-t-'�^�VA---
Approved by Mayor for Submission to
Council
By: —��^'_� em:Gr41�1
Adopted by Council: Date
Adoption Certified by Council Se etary
96-553�
oE City T Atto U ney 5/9 /�96 GREEN SHEET �°- 3.1160
CONTACT PEFSON & PHONE � OEPAq7MEM DIRE N � ' � DA � � CRY COUNpI ✓
Pamela Hutton 266-8772 nss�cx OCITYATfORNEY �cmcee�a�`?"?;�
MUST BE ON CAUNCIL AGENDA 8Y (DATEj q��N�� O UOGET �IRECTOR � FIN. & MGT. SERVICES DIR.
OpDER MpVOR (OR ASSISTANT) � � Q Q
�
TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) v
AC'fION flEQUE5TEp: ' • � ' _ �. a
Approval of resolution settlinq claim of Brian K. Stanford
against the City o£ Saint Paul for $5,500.
RECOMMENDATIONS: Apprwe (A) or Rajecl(R) pERSONAL SERVICE CONTRACTS MUST ANSWER TME FOLLOWING QUESTIONS:
_ PLANNlNG COMMISSION _ CtVIL SERVICE �'AMMISSION 1. Has Mis person/firtn ever worked untler a coMract for Mis deparfinefi'?"? ""�
, CIB COMMITTEE _ YES NO �
2. Has this perso�rm ever been a city employee? p f � !� /�
_STnFF YES NO �hY jL iJQ4
_ DISTii1CT CqURT '� 1'3�+nwmrl`Y1 �A+TItRT i � p y possessetl by any current City employee?
�"'� �� y �� —��,�, �,��� 3. Does this rsontlirm osssss a skill not normall
SUPPOHTS WHICH COUNqL OBJE�VE7 YES NO - . . ,. _..
� „ i ���� y, n e ��r Explain ell yes answers on separate sheet and ettaeh to green shY@t ��
y i ,1 f v ,v�,ii
INRIATING PROBLEM, ISSUE, OPPORTUNIN (Who, NTSt. When, Where, Why): q
On June 16, 1994;'on Da�e 5treet, between Selby and�D �� es,
plaintiff tripped and fell, sustaining soft tissue ���his
right shoulder and right wrist. Records indic��e may have
fallen in an area where a sidewalk panel had been missing for some
time. As a result of this fall, Mr. Stanford, who is legally
blind, claims to have suffered physical and emotional trauma. He
ADVANTAGESI o£ St. Paul and Northern States PoWer Companv, District Court
File No. C9-95-3947. In the summer of 1993, shortly after the
Third & Maria gas explosions, NSP was informed by neighbors of a
possible gas leak in the area and removed several sidewalk panels
to make repairs. After removal of the panels, NSP claims that all
proper repairs were made. NSP records document repairs, and the
City's sidewalk division indicates that the location of Mr.
Stanford's fall could have been where a sidewal.k had gradually worn
DISADVANTAG V . • � / • / , •
he believed there is no existing gas main near the area of Mr.
Stanford's fall. In any event, the City was informed by neighbors
of a missing sidewalk area on Dale Street in December, 1993. The
City inspected the area in Maroh of 1994, but the ground was snow-
covered and no missinq panel was found. Upon reinspection in May,
1994, the City noted the missing sidewa.lk and planned to do a
permanent repair, but in the interim, Mr Stanford fell and injured
himself. (For no known reason, the City did not asphalt the area
DISADVAKfAG� arPn : iscovere e missinq pane in ay, e i y
aspl-,alted the area in July and then did a permanent repair in
October, 1994. Plaintiff's original demand was for $20,000.00.
After mediation and negotiations, plaintiff and defendants have
jointly agreed on a compromise settlement in the sum of $11,000.00,
with $5,500.00 beinq paid (each) by the City and NSP to plaintiff.
We respectfully request approval of this settlement agreement.
70TA�AMOUNTOFTRANSACTION$ S�SOO.00 COST/REVENUEBUDGETED(CIiiCLEONE) Q NO
FUNDIHGSOURCE Tort Liability ACiIVITYNUMBER 090�0
FINANCiAL INFOpMATION: (EXPLAIN)
.. , °1 � - ss3
RELEASE OF ALL CLAIMS
894-0248/ PFH/ OS/Ol/96
IN SOLE CONSIDERATION of the payment of Five Thousand Five
Hundred and No/100 Dollars ($5,500.00j, the receipt and sufficiency
of which I hereby acknowledge, the undersigned Plaintif£ to an
action entitled Brian R. Stanford v. City of St. Paul and Northern
States Power Companv, Minnesota District Court File No. C9-95-3947
(Civil), does hereby release and forever discharge said Defendant,
CITY OF ST. PAUL, their/its employees, agents, representatives,
successors, and assigns, from any and all liability, claims,
actions, causes of action, and demands of any kind, known or
unknown, existing or which may arise in the future, resulting from
er relaLea in any way to a Gidewalk £��ldown occasioned by
Plaintiff in St. Paul, Minnesota on or about June 16, 1994.
I understand that regardless of the severity of the injuries
suffered on that occasion by me, recovery upon any claim herein is
uncertain in regard thereto. Plaintiff is relying upon his own
judgment, only, in making this Release and does not rely on any
other person, in any way, in deciding to release said Defendant,
CITY OF ST. PAUL, for the consideration above-mentioned.
The payment by Defendant, CITY OF ST. PAUL, of this sum of
money is not meant, nor should the same be construed to be, any
admission of any liability whatsoever by Defendant, CITY OF ST.
PAUL. This payment represents merely the compromise of a doubtful
and disputed lawsuit which Plaintiff and this Defendant now
voluntarily have aqreed to resolve.
Regarding Defendant, CITY OF ST. PAUL, this document and the
payment made pursuant to it, are not to be construed as a waiver of
the right to prosecute or an estoppel prohibiting the prosecution
of a claim or cause of action against any other person, firm,
corporation, or entity for damages resulting from the above
incident. This Release is not to be construed as prohibiting any
party hereby released from denying liability to anyone, or from
defending against any claim or action brought by any person, firm,
corporation, or entity as a result of the incident which was the
subject matter of Plaintiff's lawsuit against this Defendant.
This Release contains the entire agreement between Plaintiff
and Defendant, CITY OF ST. PAUL, and the terms of this Release are
contractual and binding, and are not a mere recital.
_. , ,
q`-553
THE UNDERSIGNED PLAINTIFF, BRIAN R. STANFORD, HAS READ TAIS
RELEASE, C013SIS`rING OF TfiIS AND THE FOREGOI23G (1) PAGE, AND Fi3LLY
UNDERSTANDS THIS RELEASE OF ALL CLAIMS AGAINST DEFENDANT, CITY OF
ST. PAUI,.
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BRIAN R. ST FORD
Subscri�e3�nd sworn to re��'ara
me this �day o£ May, 1996.
N a�y P b��
My Commission Expires:/ 3���
JEAN A. KRAUSE
� PdOiARV PUBLIC
� ..,.� RAMSEV COUN7Y �
� �/y Comm. Expirea Jen. 31, ZOOOS
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