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VonDeLinde (3) DARRELL A.JENSEN STEVEN G.THORSON JEFFREY S.JOHNSON ; `� ', � ELIZABETH A.SCHADING RUSSELL H.CROWDER ; i � WILLIAM E HUEFNER JON P.ERICKSON � ' �, � BRADLEY A.KLETSCHER THOMAS I?MALONE ���. `°��:=� DOUGLAS J.DEHN MICHAEL E HURLEY KRISTI R.RILEY DOUGLAS G.SAUTER Barna Guzy & Steffen Ltd. WILLIAM D.SIEGEL HERMAN L.TALLE > > TIMOTHY D.ERB CHARLES M.SEYKORA ATTORNEYS AT LAW KAREN K.KURTH DANIEL D.GANTER,�a. 400 Northtown Financial Plaza ANGELA M.WOESSNER BEVERLY K.DODGE ADRIEL B.VILLARREAL JA�IES D.HOEFT 200 Coon Rapids Boulevard 7-AMMY J.SCHEMMEL *JOAN M.QUADE Minneapolis, MN 55433-5894 JOE M.WEARMOUTH �JOHN T.BUCHMAN SHELDON M.CLARK scoT-r M.LEPax (763) 780-8500 FAX (763) 780-1777 1-800-422-3486 www.bgs.com oFCOVNSEL *Also Licensed in Wisconsin W.)AMES VOGL,JR Writer'sDirectLine: (763) 783-�143 REl���5��� E-Mail Address: rcrowder@bgs.cona FEg � za�� February l, 2013 rw , 6 CI�` ��.�.�`�� City of St. Paul ATTN: SANDRA, RISK MGMT. 15 West Kellogg Boulevard �10 City Hall St. Paul, MN 55102 RE: Our Client: Tyler VonDeLinde Our File No. 64068-001 Police Case No. 12-291-362 Date of Loss: 12-12-2012 Dear Sandra: Enclosed please find witness statements concerning the collision involving my client, and one of the city's snow plows that occurred on December 12, 2012. These statements are from eyewitnesses to the event. The three witnesses are Calvi�� Murrell,Nelson Grissom and Charles Guy. After reviewing these state►nents 1 think you will conclude that our client was driving his motor vehicle in a reasonable and la���i�ul manner aud that your sno�v plow driver turned left into oi�coming traffic and failed to yield the right of way to my client's vehicle. Please contact me so that we ca�� discuss reimbursement to my client of his property damage (his motor vehicle). Mr. VonDeLinde has not had a motor vehicle since this collision and needs this compensation so that he can p�irchase another vehicle. 1 trust you will give this matter your immediate attention. I look forward to hearing from you. Sincerely, BARNA, �UZY& STEFFEN, LTD. ;� �_% , �..___.,.A. /� A� . � I -.-...-,v� 3 ` __ _ / �..�,_,��f,.1, � �.���------ Gssell H. Crowder RHChnmm Lnclosures c: Client w/enclosures An EOE/AA Employer Celebrating 75 Years of Legal Service WITNESS STATEMENT CHARLES GUY Tyler VonDeLinde 64068-001 This will be a telephone interview with Mr. Chuck Guy,the date is January 26`h, 2013. The time is 9:50 in the morning, interviewed by Ch sal oaCounty, 55079, hisrphonelnumber s4651-248- Enchanted Lane in Stacey, Minnesota, g 857�. LC: Would you tell me your name please? CG: I am Charles Guy. LC: Mr. Guy, I told you my name is Len Christ and I am doing a follow up concerning a motor vehicle accident that occurred on D venueeand thou are li t d asa witness n that St. Paul at White Bear Avenue and Case A Y accident, so first of all, what vehicle were you driving, Chuck? CG: I was in a trash truck. LC: Ok, and that's...you are employed by who? CG: Waste Management. LC: Alright, and tell me where you were driving Chuck and on what street and in what direction of travel? CG: I was north on White Bear Avenue, gonna take a left on Case. LC: And as you were about to enter that intersection do you recall what color the light was for northbound traffic? CG: Umh it was green. LC: And did you observe a vehicle behind Y usplooked be nd me and I could seent coming CG: Yes, I,because when I came to a stop I� up behind ine and then it, I think I believe seeing that I was stopped and gonna turn, he went... LC: Let me...I am sorry, go ahead Chuck. CG: He went around to my right and like he was going to go around me and that is when he made contact with the plow tnick. �,,(;; Alright and for you to observe that Toyota coming up behind you,tell me how you could see that? CG: We have cameras in our truck behind us so when we are backing up. r�C: Alright, so you were able to view this vehicle coming from behind you through the technology of your onboard cab camera. CG: Correct. 1 LC: Alright, is there a left turn lane allowing for you to make that left turn Chuck or do you have to make the turn from the driving lane? CG: You have to make the turn from the driving lane. LC: Alright, do you remember how long that Toyota had been behind you or was that the first time you saw it when you came to a stop? CG: No, that was the first time to a stop, I just glanced at the camera. LC: So, when you saw the vehicle behind you and you were stopped going to make a left turn and the driver of the Toyota just went around the right side of your vehicle, is that correct? CG: Right. LC: Alright,there was a snow plow truck coming from the other direction, he was going, he was involved in the accident and he had been going south on White Bear as I understand and he was going to make a left turn in front of you, right? CG: Correct. LC: Ok, how about the driver of that snow plow, was he stopped or did he come rolling through the intersection? Describe that. CG: Nope, he was stopped in front of ine and then he just started to make his left turn slowly when he seen nobody was coming and that is when the Toyota or the Forerunner came from behind me, went around me on my right hand side and that's when both of them made contact. LC: Ok, so you were...you and the snow plow driver were in opposing directions and you were each stopped to make a left turn and when you both proceeded to make the left turn and that's when the crash occurred with the Toyota, is that right? CG: Correct, yup. LC: Umh, prior to the accident as far as you know, can you comment on how the Toyota was being operated, was he driving safely, in controlled manner? CG: Umh, he seemed to be, yes. I mean it just...in iny opinion he was both trucks being at a still green light like that, that he was going I would say a little faster than he should have been when he came around me. LC: Well when you say faster than he should have been, would he be within the speed limit? CG: Oh yeah, he was within the speed limit, yeah. LC: You don't think he was exceecling the speed limit then? CG: No, he wasn't going over 30. LC: Ok, do you remember seeing his brake lights come on in that vehicle? In the Toyota? CG: Umh, I couldn't see the back of the Toyota because it happened right along side of ine, right outside of my passenger door. 2 LC: Alright, would...what would you...with that Toyota coming around you like that and you be able to make the left turn, that is a big truck that you are driving, would the size of the vehicle have impeded the driver of the Toyota to see that other truck coming, the snow plow truck? Could that be? CG: Uh, I would say yeah, cuz he is not going to be able to see over the top of ine and in front of ine. LC: Ok, so that the Waste Management truck may have blocked his vision a little bit and that is no fault on yours...that is just how it is. CG: Yeah, right. LC: Ok, ok. Did you have any conversation with the...either driver, of the snow plow truck or the Toyota after the accident? CG: Umh,just...no...well what I did is I got off to on to Case and then I walked over there just to make sure everybody was ok. LC: Alright. CG: And then that is when the officer arrived. LC: Ok, would it be in your driving everyday when you have, have to stop and make a left turn like that, isn't it normal and natural to often times if people are behind you and the right lane is clear, that they would just drive around you and use the other lane of traffic to keep going? CG: Yeah, yeah, it happens all the time. LC: So that would be a normal reaction on the part of the guy in the Toyota, Toyota right? CG: Yeah. LC: Ok, alright Mr. Guy I am going to...any other observations or recollections? CG: No. LC: Ok. CG: No... that was... LC: Ok, everything you told me...I am sorry, what? CG: Sc�uads were there pretty quick. LC: Well that's good. Have you talked to me of your own free will and is everything true and correct to the best of your knowledge? CG: Yes. . LC: Alright, this will conclude the statement from Mr. Guy, the time is now 9:54. End of statement. 3 WITNESS STATEMENT NELSON GRISSOM Tyler VonDeLinde 64068-001 The date is January 19�h, 2013,the time is 11:32. Mr. Grissom lives at 1447 Seventh Street East, #6, St. Paul, zip code 55106. His phone number is 651-239-4606. Interviewed by Investigator Len Christ. � LC: Would you tell me your name please? NG: Nelson Grissom. LC: Mr. Grissom, I told you my name is Len Christ, I am a private investigator doing a follow up concerning a motor vehicle accident that occurred December 12�' of 2012 at about 3:56 p.m. on White Bear Avenue and Case in St. Paul. I understand you were a witness to that accident. NG: Yes sir I was right there on White Bear and 94t" going towards Maryland and I was directly behind the person that the truck hit and uh it was a city truck, city truck ran the light and I was directly behind the guy that was hit by a city truck and uhm,he was also in the wrong because I been there, hit the guy that was in front of ine so I had to swerve on the curb, so I was just a witness ydu know and(sure) I seen everything though. LC: Well thank you very much Nelson, let me uh just for some clarity here,were you travelling northbound on White Bear Avenue? NG: Yes I was. LC: And were you behind the silver Toyota Forerunner that was involved in the accident? NG: Yes I was, I had my cousin, Calvin Murrell, he was in the car, so he was a witness too. LC: Ok, about how far behind the Toyota Forerunner were you? NG: I was right on the rear end, man I had to swerve on the curb, you know it was snow outside so I was like...a little bit stuck in the snow bank(hmm-mm) so I got out, so thank God...(ok, so..)so yeah...I almost ran dead end, rear end him so to stop to prevent that I swerved over went into the snow bank. LC: Alright, so you took some defensive action to avoid being in the accident yourself, is that correct? NG: Yes sir. LC: Alright. Tell me Nelson about the traffic control signal there, you are going northbound on White Bear Avenue, you are approaching Case, is there a, is there a semaphore lights there? Traffic lights? NG: Yes, traffic lights,but we had...the Toyota operator's name Ty...I don't really remember his first name but... LC: That's ok. 1 - -- -- i � NG: I was introduced to the guy to see if he was ok and uhm we had the green light, the truck it was a plow truck and it was a garbage truck that was a witness too, but that guy just, he just stopped and see if this Ty was ok and got in his truck and pulled directly off and uxnh it was a plow truck that just ran the light,we had to...the Toyota that was in front of ine, we had the green light,that was why...I was like driving like regular driving and I don't know, it just...the guy just ran a light. LC: Ok. So let me... NG: For me to avoid to hit him, I just swerved to the curb into a snow bank. LC: Ok, so this truck, this snow plow truck that was southbound on White Bear Avenue is that right? NG: Yes, it was making a left. LC: So r,e was making a left onto Case. NG: On the red light, yes,he was making a left on the red light. LC: Ok, how is it you were able to tell he had a red light? NG: Because our light was, our light was uh green. LC: Mmhm. NG: It was just like it was going to change, first the light is green and it's changing, so his light, I know automatically,because I go it everyday. I know that...when the light is changing,their light turned red. LC: Alright, so would he have, for him to make a safe left turn to go east on Case. NG: He could of just, cuz we still had the light was green but it was switching onto you know the orange color/the yellow color. So I know you don't even sposed to drive through that, that mean cautious, that means you are supposed to stop. LC: Right, but as...let me just be clear here. The uh, in your opinion, did the snow plow truck have a red arrow then, for him to stop? NG: Yeah, they got a red...they had to. LC: Alright. NG: Because I was in, you know what I am saying, I was gonna go through the light,but it looked like, you know, what I am saying,the truck, I could see the truck wanted to just come out, it ain't care who was, who was right there or nothing. He was like...not driving safe at all. LC: Alright... NG: He was driving a car like it was a Chevy Caprice or something... LC: He was driving the snow plow truck like that? NG: Yeah, like it was a classical car, but, see you know what I am saying, it's a pick up truck with a snow plow on it. 2 r LC: Alright,but I want to be clear here, you are certain that you and the Toyota in front of you had a green light to proceed through the intersection, is that right? NG: Yeah, we had a green light, when I was like almost got through it that was when the light was changing...so. It is like the guy, either way if it was green or not,he still just like, he just ran like...he tried to beat the Toyota,that's what,that's what was it? LC: Well it was a snow plow truck. NG: A snow plow truck an old big and you know those had a plow for that slope,you know that's ice, ice on the road,the truck can't pick up as fast as a car do,they weigh so much, so it looked like a need for speed or something. LC: How about the speed,what was your speed you were driving, do you remember? NG: My speed, I was doing like maybe like 25 and the speed limit is 30. LC: So you were... NG: I was driving careful. LC: So you were driving under the speed limit, so would the Toyota in front of you been under the speed limit also? NG: Yeah,he was doing, like 30, he could have been doing 30 at least. LC: Ok. NG: You know,he was in front of ine,you know when a person is usually in front of you they are driving a little faster than you are. LC: Did the, did appear that the Toyota driver had his vehicle under control? NG: Yeah, he had his vehicle in control. LC: Ok, and let ask you... NG: When something rushed right in front of you,you can't just dodge it with something that big, you know. LC: Right,but I mean prior to that,he was driving safely and under control, prior to the accident? NG: Yeah, yeah,he had prior, before that he was driving good. LC: Which lane... NG: I was behind him for like four or five minutes. LC: So you were behind him four or five minutes? NG: Uh huh,we was riding down White Bear. LC: Ok, what lane of traffic were you in or was the Toyota in? NG: I was in the right lane, on White Bear and umh the guy was coming from Case northbound and we was coming from eastbound, I believe. 3 ,.� -— LC: Yeah, but which lane was the Toyota in as you were travelling northbound Nelson? NG: The right lane. LC: You were both in the right lane? NG: Uh huh. LC: Alright, do you think the snow plow was going too fast for conditions? NG: Way to fast,man,he was driving like he was in a Corvette or something. LC: Alright, as he approached that intersection to make his left turn, did he come to a complete stop and then proceed? NG: No he didn't it was just like he just turned,he turned the steering wheel,he didn't put his feet on the brake or nothing, he just turned, like a bat out of hell,just made a left...he didn't care who was in front of him, I don't think the guy was drinking or something, I don't know... LC: Alright. NG: But he was driving a little like he was drinking,he should have took a breathalyzer. The officer that was there,he was like,he,was really like mad swearing out the guy that um you know was in the accident,he wa� concerned with the guy that hit him and stuff, I am like...I don't know how that that works. LC: Well tell me about that. NG: He didn't call the ambulance or nothing,hah? LC: Tell me about you said the police officer seemed more interested in the driver of the snow plow? NG: Yeah,he was a little bit talking too much to the guy and the truck that was in front of ine I believe his name was Tyler, I got his telephone number but I got to get his name because I don't want to just keep calling somebody name. But uhm, yeah he was the officer was really not,you know what I am saying, like paying attention to the guy that needs, the guy that was in the accident, he was paying attention more to the driver that hit the guy and I was just trying to make sure the driver that was in the accident was ok, so I was just, I got out of my car, and made sure he was alright,he was a little dizzy, I was telling him, like sit down, I am just going to call an ambulance or whatever. He was like the ambulance that's for I'm like I know, I am just going to call them back for you, but then the officer just told me like just make sure he is cool in there you guys just go back to your car, whatever. LC: Ok. The name of the driver... NG: By the time we leave he was ok though. LC: Sure, well that was a nice thing to do on your part,Nelson. The driver's name on the Toyota,his name is Tyler. NG: Tyler, I know I was close. 4 LC: Yeah. NG: Tyler,that's right, Tyler. LC: So, in your opinion the officer was paying more attention to the driver of the snow plow than he was to Tyler, did he seem to be friends with that driver? NG: Yes he was...I don't...he probably knew him because he works for the state, so he probably knew him, I don't know. You know how they go...when somebody gets in an accident with the state and the police officer be right there you know, it's kind of like they trying to you know...make the report come out wrong or something...you know. You know how the city work,the government. LC: Alright,thank you. Nelson hang on one second here please. Nelson is everything you told me this morning true and correct to the best of your knowledge? NG: Yeah that's the truth, I don't have no reason to you know to play with you guys, I was right behind, I almost hit his car, you know. LC: You almost hit whose car? Tyler's? NG: Yeah, Tyler's, I almost hit his car so I had to swerve on the curb. Just to prevent from hitting him. LC: Alright. NG: Remember it was snow, it was like five inches of snow then. LC: So the road surface was snowy? NG: Yeah it was real snowy and the guy, he didn't really care about how he was driving or nothing, he was just... LC: Which guy you talking about? NG: The plow guy. LC: The plow guy? � NG: Not Tyler, he was driving safe because I was behind him, so if he wasn't driving safe then I would have hit Tyler too... you know...so Tyler is a pretty good driver, it's just the guy from the plow from St. Paul or whatever, (yes)he just made the left and didn't care who was in the way and he just rammed the front end and boom and man car. LC: Alright,Nelson, I think we will conclude the interview at this time, umh the time is now 11:43. NG: Uh huh. End of tape. 5 WITNESS STATEMENT CALVIN MURRELL Tyler VonDeLinde 64068-001 This will be a telephone interview with Mr. Calvin Murrel,the date is January (two 1's)... I am sorry,the last name is Murrell. The date is January 19th, 2013,the time is 12:01. Mr. Munell lives at 1694 Margaret Street,East St. Paul,Minnesota 55104. Phone number 507-514-0666. LC: Would you tell me your name please? CM: Calvin Murrell. . LC: Alright, Mr. Murrell, I told you I am an investigator doing a follow up of a motor vehicle accident that occurred on December 12th, 2012 at about 3:56 p.m. and this occurred on White Bear Avenue at about Case Avenue in St. Paul. On that particular day were you riding in a car with a gentleman by the name of Nelson Grisam? CM: Yes I was. LC: And you were a passenger in that vehicle? Where were you at? What street were you driving on at that time Calvin? CM: White Beaz. LC: And what direction of travel u�ere you going? CM: North. LC: Alright. As you approached Case Avenue you witnessed a motor vehicle accident, is that right? CM: Yes we did. LC: Describe what you saw Calvin. CM: Well,we was in,umh,we was in the far lane, like going north and the truck was turning, like going the opposite way, was going down Case, I believe. LC: So the snow plow was coming south on White Bear? CM: Yes. LC: Ok and then was it trying...attempting a turn? CM: And they were making, they were making the left turn at the light on Case and there was another truck, two cars in front of us that was making a left and that car was making a left,the guy in f'ront of us got up, he had the green light and we got over behind him and as he got over, I guess the plow truck was turning and he ran right into him. LC: Alright had you had... CM: We had to swerve over to keep from hitting him. 1 LC: Ok, had you been...now this vehicle that was hit, let's talk about those first of all. There was a vehicle in front of you and the police report described it as a silver Toyota. Do you recall that? CM: Yes,that is exactly what it was, a truck. LC: Alright so a silver Toyota Forerunner, I think it is called, like an SUV. CM: I am not sure, it was a truck though. LC: Ok, alright. CM: With a man and his dog. LC: A man and his dog, alright. CM: Yeah. LC: And that vehicle, had you been travelling in the right lane or the left lane Calvin? CM: We was travelling in the left lane. LC: Alright. . CM: But we had to get over because the truck was turning, going left down Case. LC: Ok, so you are going northbound on�,Nhite Bear Avenue and there is a truck in the left lane that is going to turn, so you and the driver in front of you both moved over just to go around that truck? Was that a garbage truck? CM: Yeah,that was a garbage truck I believe that was turning. LC: Ok, ok, so he is turning, now as you described it,to go west on Case,to make a left turn. CM: Yes. LC: Yes and at the same time approaching you from the north is there a snow plow truck coming? CM: Yes it was coming south and was trying to turn left in his direction. LC: Alright, so he had to cross your lane of traffic, is that right? CM: Right. LC: And you had...what color was the traffic light for you? CM: It was green. LC: How about the driver going south in the snow plow, any way for you to know? CM: His light was green too. We both had green lights. LC: Alright, so as you are approaching the intersection though,he made a left turn in front of the Toyota? CM: Yes. 2 LC: So, how would you determine... CM: I don't believe he seen him because the garbage truck was there and if we probably kept going we probably would have ran into him too. LC: Alright, alright...how about the speed of the vehicle you were travelling in, any estimate of how fast you were going? CM: 20—25. LC: Alright, 20—25, and the post speed limit is what Calvin, do you know? CM: 30. LC: Alright, so you are under the speed limit and you are going slower than the speed limit and why is that? CM: Because we had to get over because the truck was in front of us. LC: Alright, and was... CM: We slowed down. LC: How about the...how about the Toyota that was in front of you,how fast was he driving, about the same speed you were? CM: About the same speed. LC: Describe the action of the uh...of the snow plow driver, do you think his vehicle was...did he stop for that intersection or did he just make a left turn and just drive right on through? CM: You really couldn't seem him until he was actually turning. LC: Alright,uh, so he turned right into the northbound lane of traffic and the Toyota in front of you, did it have any chance to get out of the way? CM: Not at all. LC: Alright,would it be fair to say that the snow plow driver failed to yield the right of way? CM: I would believe so,because if anything...he just went out there. LC: Alright. CM: I don't think he seen us because that big dump truck was right there. LC: Do you have any other recollections of what you saw that afternoon Calvin, concerning the conditions that you were in or,uh, any other driving behaviors,how about the driver of the Toyota was he driving safely prior to the accident? CM: Excuse me? LC: Was the driver of the Toyota in front of you, was he driving safely and appropriate for conditions? CM: Yes, I believe so. 3 LC: Alright. CM: I believe he was. LC: Had his vehicle under control, obeying the speed limit? CM: Yes sir. LC: Alright, Calvin, I don't think I have any other questions, I appreciate you very much taking the time to visit with me this afternoon. Thank you. CM: Oh, not a problem. LC: Alright the time is now 12:07. End of tape. I i 4