Loading...
96-987Presented By Referred To 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 ao Committee: Date RESOLVED, that upon execution and delivery of a release, in full, to the City of St. Paul, the proper City officers are hereby authorized and directed to pay out of the Tort Liability Fund, 09070-0511, to Scott Sorenson and Bass & Carlson, P.A., his attomeys, the sum of $22,000.00 in full setdement of his claim for damages arising out of a motor vehicle accident with a city vehicle at or near Maryland Avenue and Dale Street on April 25, 1991. Requested by Department of: City Attorney By: � � - \"`°'� Form Approved by City Attorney gy: ` w � � �-^�' By: approved by Mayor: nate �s �ib By: /��� _�I'Gu2coS C��!�I���L Council File # g�- q� 7 Green Sheet $ 31162 RESOLUTION OF SAINT PAUL, MINNESOTA Approved by Mayor for Submission to Council By: `�/!/l (L �W�'�7 Adopted by Council: Date Adoption Certi£ied by Council Secretary °� �, - 9�7 . � D CILY EN At�'t0 ney o 8/ ' 6/46 GREEN SHEE N° 3.1 162' INfr1AL/DATE INRIAVDATE CONTAGT PEPS�N 8 PHpNE � DEPARiMENT DIREGTOF � CIN CAUNCIL Theodore D. Leon, 266-8747 nssicx �CITVATfORNEY �CRYCLEFK NUYBF3i i0R MUST BE ON COUNCIL AGENDA BY (DATE) pOV77NG � B��ET DIpECTOR a FIN. & MGT. SERVICES DIR. OHDER � MpypR (OR ASSISTANn ❑ TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATUREj ACTION REQUESTED: Approval o£ resolution settling the claim against the City of St. Paul by Scott Sorenson for $22,000.00 RECAMMENDATIONS: Approve (A) or Feject (R) PERSONAL SERVICE CONTfiACTS MUST ANSWEp TXE FOLL IONS: _ PLANNING COMMISSION _ CIVIL SERVICE COMMISSION �� Has this personffirm ever worked under a coM�act for this tlepartmeM? - _ CIB COMMITTEE _ YES NO �� {(� Q C ��i� 2. Has this perso�rm ever been a ciry employee? �� �� � � _ STAFF — VES NO _ DISTRIC7COUFT _ 3. Does this personttirm possess a skill rlot normall ypossess�lfi�J?�'i�i��r�'jtee� Iqree? SUPPOpTS WHICH COUNCIL O&IEC7IVE? YES NO Explain all yes answers on separate sheet and atteeh to green sheet INITIATING PHOBIEM, ISSUE, OPPORTUNITY (WM, What. When, Where, Whyj: On April 25, 1991, plaintiff Scott Sorenson was operating a motorcycle eastbound on Maryland Avenue approaching a viaduct just east of Dale Street. At the same time St. Paul Police Officer Charles Geyer was westbound on Maryland Avenue in a marked squad approaching the viaduct. As Sorenson began to go under the viaduct Officer Geyer decided to make a U-turn to pursue a speeder by . ADVANTAGESI Pr�e�v� although �he could not see eastbound traffic due to the viaduct. Geyer also admitted that he had just activated his lights but not his siren and that he blocked Sorenson's lane of travel. Geyer also testified that Sorenson was not speeding. There was a collision between the two vehicles and Sorenson was thrown from his motorcycle onto the squad and then onto the ground. Sorenson immediately complained of pain in his left ribs. The DISADVANTAG OV : approximately two weeks later. One x-ray was read to show a fracture of a rib. The pain became intraCtable and eventually Sorenson underwent eight separate intercostal nerve blocks. This procedure is fairly painful and presents some dangerous potential side effects. The nerve blocks were not helpful and Sorenson continues to suffer from pain in his left rib area. E�erts retained by Sorenson opined that his pain was a permanent condition that he would have to live with for the rest of his life. The OISADVANTAG�&2�TQ �S w o per orme an in epen en me ica examina ion or the City concurred with the opinion of Sorenson's e�erts. The doctor agreed that Sorenson had suffered an injury as a result of the accident and that his prospects for relief of his pain were very limited. All eSCperts agreed that a surqical procedure could provide Sorenson with permanent relief although they also agreed that the success rate did not exceed 50� and could even increase 31C'rI �'��� ��� TOTALAMOUNTOP7RANSACTION$ZZ•OOO. L��471�OST�EVENUEBUDGETED(CIRCLEONE) VES NO FUNDIHGSOURCE Tort Liability ACTNIiYNUMBERS 090�0 FINANCIAL INF09MATION� (E%PLAIN) _ � - - � p �� ' -^'---- " _ -...--- - - . � �- ��� Sorenson�s pain. The IME doctor agreed that all medical treatment to date has been reasonable Mr. Sprenson's medical e�enses to date total $7200.00. His motorcycle was also a total loss approximately $1,��0.�0. of Sorenson's and necessary. approximately and valued at `Phe case was scheduled £or trial on January 27, 1997, and court ordered mediation was to occur on August 1, 1996. Prior to the scheduled mediation counsel for both parties engaged in settlement negotiations. On July 31, 1996, the plaintiff agreed to settle all of his claims for a total payment of $22,000.00 by the City of St. Paul. The City Attorney's Office has evaluated the claim and assessed the potential liability to the City given plaintiPf's injuries and recommends settlement of this matter in the amount of $22,000.00, as in the best legal interests of the City. E