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Meuser & Associate �S �� RECENED MAR 18 2013 MEUSER & ASSOCIATE, �.A�.CLERK Attornevs Paraleeals Ronald Meuser,Jr.,Ext.2396 10925 Valley View Road, SUlte 2�2 Jennie Eiden,Ext.2394 Jennifer Yackley,Ext.2395 Eden Prairie,MN 55344 Christopher Koontz,Ext.2393 Telephone: (952) 345-2052 Sandra Yasenchak,E�ct.2397 Facsimile: (952) 345-2053 . www.meuserlaw.com March 14,2013 City Clerk 15 West Kellogg Blvd. 310 City Hall St. Paul, MN 55012 Re: UIM claim Dennis Montanari DOL: 3/17/2010 Dear City Clerk: Mr. Montanari was operating a city owned vehicle on March 17, 2010. Upon information and belief, the city carried underinsured motorist coverage of$25,000.00 at the time of loss, March 17, 2010 Enclosed please find our clients Notice of Claim Form, copy of Demand which was sent to 21 Century Insurance, a copy of the Schmidt Clothier Letter and Police Report. At this time, we have a tentative settlement offer from Defendant, Marion Fretschel and her insurance carrier 21 Century Insurance AIG Advantage in the amount of 100,000.00 to settle the liability portion of this case. Marion Fretschel's liability insurance limits were $100,000/$300,000. Notwithstanding the above we placed both potential parties on notice of their right to substitute, their draft see enclosed Schmidt Clothier letter dated February 18, 2013 directed to Chuck Fox and Met Life. At this time, Chuck Fox has refened the Schmidt Clothier letter to the City Clerk with instructions to fill out the city claim form, ! which is enclosed. j I Please call me upon receipt of this letter so we may get the appropriate party served the Schmidt Clothier letter. Very truly yours, USER&ASSOCIATE, P.A. � �- Ronald F. Meuser,Jr. RFM/smy Enclosure NUTICE OF CLAIM FORM to the City of Saint Paul, Minnesota Minnesotn Slale Slahtte 466.OS sla�es lliat"...every persaa...w1�n clainxr daivages fi o:n any mturicipaJrty,..skall cnuse to!�e presented ta t)re governrng Ga1y of the mrmicrpalil��ivrtArn 1 R(1 days af}er the alleged loss or irtji�ry rs discovered a notice stnirn.g t1�e tinre,place,and ciirrrmstances d rereof,and tl�e mrwrmt of compensallon or other�el ief demanded." Please complete tl�[s forrn in its enfirety by clearly typing or printiag your answer to each question. If more space is needed,attach additiona[sheets. Please note that you will not be contacted by telephone to clarify answers,so provide as much information as necessary to explain your ctaim,and the amount of compensation being requested. You will receive a written aclrnowledgement once yoar form is received. The process can take up to ten weeks or longer depending on the nature of your claim. This form masE Ue signed,and both pages completed. If something does noE apply,�vt�te`N/A'. 5END COMPLETED FORM AND OTHER DOCUMENTS TO: CITY CLERK, 15 Vt�EST KELLOGG BLVD,310 CITY HALL,SAINT PAUL,MN SS102 First Name Ronald Middle Initial F� Last Name Meuser Company or Business Name Meuser&Associate Are You an Insurance Company? Yes/No If Yes,Claim Number? Street Addz'ess �0925 Valley View Road Suite 202 City Eden Prairie State MN Zip Code 55344 Daytime Plione��345 _2052 Cell Phone 6(�?,�41 _1960 gvening Telephone(_� Date of Accidend Injury or Date Discovered March 17,2010 Time�2.23 am/pm Please state,in detail,what occurred(happened),and why you are submitting a claim.Plcase indicate why or how you feel the Ciry of Saint PauI or its employees axe involved and/or responsible for your damages. See Attached Schmidt Clothier Letter dated February 18,2013. PIease check the box(es)that most closely represent the reason for completing this form: ' ❑My vehicle was damaged in an accident ❑My vehicle was damaged during a tow ❑My veliicle was damaged by a pothole or condifion of the street ❑My vehicle was damaged by a plow ' ❑My vehicle was wrongfuIly towed and/or ticketed ❑I was injured on City properiy = ' ❑ Other type of property damage—please specify - ' � Other type of injury—please specify See enclosed Demand sent to 21 Centurv on December 14.2013 without exhibits. i In order to process your claim�ou need tio include copies of all appUcable documents. -- For the claims types listed below,please be sure to inclucle the documents indicated or it will delay the handling of - your claim. Documents V1�ILL NOT be retumed and become the property of the Ciry. You are encouraged to keep a copy for yourself before submitting your claim form. O Property damage cIaims to a vehicle:two estimates for the repairs to your vehicle if the damage exceeds $500.00;or the actual biIls and/or receipts for the repairs O Towing claims:legible copies of any ticket issued and a copy of the impound Iot receipt O Other property damage claims:two repair esdmates if the damage exceeds$500.00;or the actuat bills and/or receipts for the repairs;detailed list of damaged items �4 Tnjury claims:medical bills,receipts O Photographs az•e always welcome to document and suppart your cIaim but will not be rehirned. Page 1 of 2—Please complete and retarn both pages of Claim Farm i � Failure to complete and retnrn both pages�rill result in delay in the handiing of your cIaim. All Claims--piease comp[ete tlus section Were there witnesses to the incident? Yes No Unknown (circle} Provide their names,addresses and telephone numbers: See enclosed City of St. Paul Incident Report dated 3/17/2013 Were the police or law enforcement called? Yes No Unknown (c�rcle) If yes,what department or agency? St. Paul Case#ar report# �0053889 Where did the accident or injury take place? Provide street address,cross street,intersection,name of park ar facility, closest landmark,etc. Please be as detailed as possible. If necessary,attach a diagram. 51 W.7th Ave.St. Paul Please indicate the amount you are seeking in compensation or what you would like the City to do to resolve this claim to youi'satisfaction.�ee enclosed Schmidt Clothier Lett r Vehicle Claims—please complete this section O check box if this section does not applv Your Vehicle: Year Make Model License Plate Number 5tate Color Registered Owner Driver of Vehicle Area Damaged City Vehicle: Year Make ModeI License Plate Nnmber State Color Driver of Vehicle(City Employee's Name) Area Dam$ged Iniurv Claims—nlease complete this sectton � ❑check box if this section does not a�,plv How were you injured� - See enclosed Demand What part(s)of your bady were injured? See enclosed Demand Have you sought medical tr�eatment? Yes No Planning to Seek Treatment(circle) ' When did you receive treatment7 See enclosed Demand (provide date(s)) � Name of Medical Provider(s); See enclosed Demand � Address Telephone ', Did you miss work as a result of your injury? Yes No ' When did yau miss work? See enclosed Demand (provide date(s)) Name of your Bmployer:___Citv of St. Paul Fire Department - i Address St. Paul Fire Dept.645 Randolph Ave.St. Paul, MN Telephone 651-228-6255 - �Checic here if you are attaching more pages to this claim form. Number of additional pages 24 . By signing this,form,you are stating that all informadion you have provided is true and correct to fhe best of your knowledge. Unsigned forms ivill not be processec� Submittirig a false claim can result in prosecution. Date form was completed 3/14/2013 Print the Name of the Persun who Completed this Form: Sandra Yasenchak/paralegal ' Signature af Person Making the Claim: �� Revised Febreiary 2011 MEUSER & ASSOCIATE, P.A. Attornevs Paraleeals Ronald Meuser,Jr.,Ext.2396 10925 Valley View Road, SUite 2�2 Jennie Eiden,Ext.2394 Jennifer Yackley,Ext.2395 Eden Prairie,MN 55344 Christopher Koontz,Ext.2393 Telephone: (952)345-2052 Sandra Yasenchak,Ext.2397 Facsimile: (952)345-2053 www.meuserlaw.com February 18,2013 MetLife Auto & Home Ekblad Pardee Bewell Inc. Suite 16 1983 Sloan Place, Maplewood,MN 55117-2004 Chuck Fox City of St.Paul 200 City Ha11 Annex 25 West Fourth Street St. Paul,MN 55102-1631 RE: Our ClientlYour Insured: Dennis Montanari Your Policy No. 8079687180 Notice of Underinsured- Schmidt v. Clothier, DOI: 3/17/2010 Our File No.: 5924 To whom it may concern: As you are aware, Meuser&Associate,P.A. has been retained to represent the interests of Dennis Montanari for injuries he sustained while involved in a motor vehicle collision i while in the course and scope of his employment with the City of St. Paul on or about March 17, 2010. Enclosed please see our firm's letter of representation. As you may recall,Mr. Montanari was operating a city owned vehicle at the time. Upon � information and belief,the city carried underinsured motorist coverage of$25,000.00 at 'f the time of loss, March 17, 2010. � Mr. Montanari also carried underinsured motorist coverage on his personal vehicle with MetLife in the amount of$300,000.00 at the time of loss, March 17, 2010. At this time, we have a tentative settlement offer from Defendant, Marion Fretschel and her insurance carrier, 21 Century Insurance AIG Advantage in the amount of $100,000.00 to settle the liability portion of this case. Marion Fretschel's liability insurance limits were $100,000/$300,000. Notwithstanding the above we are placing both potential parties on notice of their right to substitute their draft. Accordingly, you are hereby placed on notice pursuant to Schmidt v. Clothier, 338 N.W.2d 256 (Minn. 1983) and American Familv v. Baumann, 459 N.W.2d 923 (Minn. 1990),or otherwise, of our intention to resolve the liability claim against Marion Fretschel and the civil liability insurance carrier, 21 Century Insurance AIG Advantage. If you wish to reserve any possible right of subrogation, which may arise against the tortfeasor in this instance,you have thirty(30)days from the date of this letter to either: (1) substitute your draft for the draft of the tortfeasor's liability insurer in the amount of $100,000,or (2)pay underinsured motorist benefits to your insured in an amount to be agreed upon in place of the tortfeasor on notice. . If neither of these options aze exercised within thirry (30) days, the liability claim will be settled and releases will be executed in favor of Marion Fretschel and the insurance carrier, 21 Century Insurance AIG Advantage. If you have any questions,please feel free to contact me. Very truly yours, MEUSER&ASSOCIATE,P.A. I � Ronald F.Meuser,Jr. i � i RFM/smy � cc:City of St.Paul,Chuck Fox Dennis Montanari STATE OF NIINNESOTA) )ss. AFFIDAVIT OF SERVICE COUNTY OF HENNEPIN) I, Sandra Yasenchak, being first duly sworn, depose and state that on February 19, 2013, I served a true and correct copy of the Schmidt clothier letter, enclosed in a properly addressed envelope, by depositing same, with posta.ge prepaid, in the United States mail at Eden Prairie,Minnesota,addressed as follows: Metlife Auto&Home Ekblad Pardee Bewell Inc Suite 16 1983 Sloan Place Maplewood, MN 55117-2004 Chuck Fox City of St. Paul 200 City Ha11 Annex 25 West Fourth Street St. Paul, MN 55102 � C'�- Signature Subscribed and sworn to before me on ��b r,�.��.i l�f J�(>(�. ,��u,,,.,,,�RISTOPHER CHARLES KOOt�ITZ , Notary Public , = Minnesota `"��,.;w�i,.,.•°�'�y Co�r�sio�,Expires January 31,�17 N Public MEUSER & ASSOCIATE, P.A. Attornevs Paralegals Ronald Meuser,Jr.,Ext.2396 10925 Va11ey View Road, Su1t2 202 Jennie Eiden,Exk 2394 Jennifer Yackley,Ex�.2395 Eden Prairie, MN 55344 Christopher KoonrL,Ext.2393 Telephone: (952)345-2052 Sandra Yasenchak,Ext 2397 Facsimile: (952)345-2053 . www.meuserlaw.com December 14,2012 21 Century Insurance Mary Jo Tucker P.O.Box 269035 Oklahoma City, OK 73126 RE: Our Insured: Dennis Montanari Your Insured: Marion Lorriane Fretschel DOI: 03/17/2010 Claim#: 1401075681 Our File#: 5924 Deaz Ms. Tucker: As you may be aware, the undersigned on lpehalf of Meuser& Associates,P.A has been retained to represent the interests of Dennis Montanari'for personal injuries he sustained as the result of a motor vehicle collision on March 17,2010. The following is being submitted to you for our review and consideration in conjunction with the ; civil liability claim of Dennis Montanari as against Marion Lorraine Fretschel and AIG Advantage. Enclosed herewith please find the following: 1. Narrative Reports of Dr. Donald A. Asmussen dated 08/04/2011 and OS/22/11 2. Narrative Report of Dr. Alan W. Markman dated 08/10/11 3. IlVIE report of Dr. Richard Hadley dated 10/8/2010 4. TRIA Orthopaedic Center a) Medical Records b) Itemized Billing Statement 5. Summit Orthopedics a) Medical Records b) Itemized Billing Statement 6. Center for Diagnostic Imaging a) Medical Records b) Itemized Billing Statement 7. Family Physicians a) Medical Records b) Itemized Billing Statement 1 8. St. Paul Police Department incident report dated 3/17/2010 9. Wage Records 10. City of St. Paul Payment Summary 11. Partial Stipulation for Settlement dated January 31, 2012 INCIDENT On or about March 17, 2010, Mr. Montanari was in a city owned vehicle heading west bound at West 7� Street in the left lane just approaching the Assumption Church driveway in St. Paul. At or about the same time, Marion Lorraine Fretschel, an 89-year-old driver, was traveling southbound from the nearby church driveway at a high rate of speed when she lost control of her vehicle resulting in her striking the vehicle driven by Mr. Montanari. The force of the collision pushed Mr. Montanari's vehicle into the middle of the roadway. Mr. Montanari's vehicle was facing southbound across the left eastbound lane of 7th Street just across Mickey's Diner's parking lot. Ms. Fretschel's vehicle was resting up against a guardrail at the far west end of the Mickey's Diner parking lot. The St. Paul Police Department arrived at the scene. Ms. Fretschel was transported to St. Joseph Hospital. Immediately following the collision, Mr. Montanari was seen at Regions Hospital Emergency Department. LIABILITY There can be no dispute that the defendant driver,Marion Lorraine Fretschel, operated her vehicle in a negligent and careless ma.nner on the date of this collision. She failed to yield the right of way to oncoming traffic, failed to maintain proper outlook and attention, and operated the vehicle in an unsafe manner under the conditions existing. Ms. Fretschel was cited at the scene for Unsafe Change of Course, Minn. Stat. § 169.19.4 Subd. 4. Under the terms and provisions of the automobile insurance policy issued to Mazion Lonaine Fretschel by AIG Advantage, Mr. Montanari is entitled to recover damages up to the policy limits of $ 100,000./$300,000. MEDICAL CARrE AND TREATMENT Following the collision, Mr. Montanari was sieen by Dr. Mary Roy at the Emergency Department ' of Regions Hospital. Mr. Montanari complained primarily of increased left shoulder pain. Dr. ' Roy issued Mr. Montanari a work disability slip putting restrictions on his left arm, no lifting ' anything over 5 pounds, and no use of his left arm above the shoulder. Vicodin was prescribed ' for pain and he was instructed to ice the sore area. ' On March 18, 2010, Mr. Montanari was seen by Dr. Gannon of Summit Orthopedics. Mr. I Montanari complained of aggravating left shoulder pain, neck pain, and back pain. Dr. Gannon restricted Mr. Montanari from work for one week. On March 24, 2010, Mr. Montanari returned to Summit Orthopedics. He complained of increased neck pain and left shoulder pain following the previous week's motor vehicle collision. Upon examination, Mr. Montanari showed limited arc of motion. Limited range of motion of the 2 cervical spine was evidenced. Physical therapy was recommended. Mr. Montanari was further restricted to light duty. On March 31, 2010, Mr. Montanari was seen by Dr. Alan Markman at the TRIA Orthopaedic Center. Dr. Markman's diagnosis included posttraumatic impingement and partial rotator cuff tear with a labral tear. Also noted, was cervical degenerative arthrosis secondary to MVA. On April 6, 2010, Mr. Montanari began physical therapy for his neck with Martha Hultgren at Summit Physical Therapy through Summit Orthopedics. He complained of constant cervical pain, intermittent headache, constant cervical soft tissue pain, and loss of range of motion. He rated his pain 4/10-7/10 and noted his symptoms increased when lying down and sitting. Mr. Montanari began receiving physical therapy treatments twice a week. On May 4, 2010, Mr. Montanari was seen by Dr. Asmussen at TRIA regarding his neck pain. He had received seven physical therapy treatments to date, but noted his pain to be increasing. His current pain rating was 5/10-8/10. X-rays were taken which evidenced underlying facet joint arthropathy. Dr. Asmussen diagnosed Mr. Montanari with a cervical sprain, and recommended additional physical therapy. Dr. Asmussen kept light duty restrictions on Mr. Montanari with the exception of no lifting greater then 15 pounds, with no overhead work, where he is required to keep his neck in extension. On May 13, 2010, Mr. Montanari underwent a left shoulder arthroscopy with rotator cuff debridement, cicumferential labral debridement, long head of the biceps tenotomy, chondroplasty of glenoid, subacromial bursa arthroscopy, and decompression including bursa resection, coracoacromial ligament takedown, anterior acromioplasty and arthroscopic distal clavicle resection at Tria Ambulatory Surgery Center perFormed by Dr. Alan Markman. The procedure went without complications. Mr. Montanari was recovering as well as expected. On May 20, 2010, Mr. Montanari began physical therapy for his left shoulder at Physical Therapy Orthopaedic Specialists. He treated twice per week through December 15, 2010, at , which point he was discharged to a home exercise program. On August 2, 2010, Mr. Montanari was se�n by Dr. Asmussen for neck pain. Dr. Asmussen I, noted that Mr. Montanari's improvement h�d plateaued. As such, an MRI of the cervical spine ' was recommended. , i In Dr. Asmussen's narrative report dated August 4, 2010, he opined Mr. Montanari sustained a ' permanent injury as a direct result of the motor vehicle collision on March 17, 2010. That Mr. Montanari sustained cervical strain, exacerbation, and aggravation of an underlying multilevel degenerative disc and degenerative joint disease of the cervical spine. That Mr. Montanari had activation and aggravation of the underlying facet arthoraphty, which resulted in severe unrelenting neck pain. He opined that Mr. �Iontanari would be unable to return to work as an active firefighter. He further opined that Mr. Montanari is permanently disabled from firefighting duties. Dr. Asmussen agreed with Dr. Hadley's assessment that Mr. Montanari could participate in light duty secondary-type work; however, he would place additional restrictions on him in that any such work cannot involve any type of prolonged neck flexion or extension activity. Mr. 3 Montanari reached Medical Maxim Improvement on February 15, 2011. Dr. Asmussen believes that Mr. Montanari's condition is permanent with no further expected improvement. It is Dr. Asmussen's opinion that Mr. Montanari's neck symptoms are a direct result of the motor vehicle collision on March 17, 2010. On August 25, 2010, Mr. Montanaxi was seen for a follow-up of his left shoulder. He complained of persistent neck and left shoulder pain. Though Mr. Montanaxi was making slow progress with his shoulder, he was experiencing overlapping pain from his neck. Mr. Montanari was instructed to continue with physical therapy, and return for follow-up in four to six weeks. On September 15, 2010, Mr. Montanari underwent an MRI of the cervical spine. The MRI evidenced diffuse disc bulging and degenerative disc changes with bony spurring throughout the entire cervical spine. Facet joint arthritis was also noted at virtually every level, although the worst levels appeared to be between C3-C4 and C4-05. Dr. Asmussen opined that Mr. Montanari was not a surgical candidate given the extensive multilevel nature of his degenerative disc disease and recommended a rhizotomy workup to evaluate how much pain was facet joint in origin. On September 29, 2010, Mr. Montanari underwent an Independent Medical Evaluation with Dr. Richard Hadley. At this time, he complained primarily of pain on the left side of his neck, which tended to radiate toward the top of his left shoulder. He reported nights to be particularly difficult, with considerable sleep disturbance because of the left-sided neck pain. The pain was exacerbated with prolonged downward gazing, such as when reading. Mr. Montanari said if he was able to move around frequently during the course of the day, he did not notice the pain as much. He stated that the left-sided neck pain following the motor vehicle collision of March 17, 2010 was different from the pain in his left shoulder that he had after slipping off of the fire truck on December 9, 2009. The pain after the fire truck episode tended to radiate down his left arm, and following his surgery he stated there had been some degree of improvement in this. His neck pain however, was different from his arm and shoulder pain and had not improved. Mr. Montanari stated he had to be very careful with certain activities such as lifting his grandchild to make sure he did not aggravate his neck pain. He stated that with such activities as carrying out bags of groceries or garbage, he had to use his right arm only because of pain and continued weakness in his left arm. Upon examination of Mr. Montanari's cervical spine, rotation and lateral tilting were limited to about 50%of the expected range of motion. Examination of the upper e�remities revealed somewhat diminished deep tendon reflexes in comparison with brisk reflexes in the lower extremities. With the arms abducted to 90 degrees, Mr. Montanari's right arm exhibited 95 degrees of e�rternal rotation and internal rotation to just about the neutral position. Motion of the left shoulder demonstrated only 60 degrees of e�ernal rotation, but ; internally rotated to the neutral position. Some mild pain with resisted abduction of the left shoulder was noted, though was no apparent weakness. Dr. Hadley opined that, as a result of the motor vehicle collision of March 17, 2010, Mr. Montanari sustained a cervical strain that resulted in an aggravation of his underlying multilevel degenerative disc disease. The injury resulted in an aggravation of Mr. Montanari's underlying multilevel degenerative disc disease of the cervical spine, and that symptoms continued to persist. Dr. Hadley further stated that the restrictions with regard to his ability to work in his usual capacity as a firefighter are necessary, and opined that he could work in a sedentary position, if available. Dr. Hadley opined that with 4 respect to the left shoulder, Mr. Montanari was in need of continued rehabilitation to improve his strength and motion. With respect to the cervical spine, he agreed with Dr. Asmussen's recommendation that Mr. Montanari proceed with a work up for rhizotomy due to the fact that he was not a surgical candidate due to the multilevel nature of his degenerative disc disease of the cervical spine. On November 10, 2010,Mr. Montanari was seen by Dr. Markman regarding his left shoulder. He was continuing his exercises and felt that he was making slow gains concerning his shoulder. On examination, Mr. Montanari showed some mild improvement with his range of motion, and he stated he felt a bit stronger. Dr. Markman recommended that he continue a formal exercise program for his shoulder, and return for follow-up in six weeks. On December 22, 2010, Mr. Montanari was seen for follow-up with Dr. Markman regarding his left shoulder. He received left medial branch blocks at C3-4 and CS on November 30, 2010 and December 7, 2010, and reported very good relief from the second injection, which subsequently helped with his exercise program for his shoulder. Mr. Montanari was noted to be making good progress. He was instructed to continue with his shoulder exercise program, and return for follow-up in a couple of months. Mr. Montanari received subsequent cervical nerve block injections December 31, 2010, and February 10, 2011. He then underwent the first part of a cervical rhizotomy on January 27, 2011 and the second part on February 10, 2011. Rhizotomy procedures result in a one to two year period of symptom relief at which point the facet nerves will often regenerate. If this were the case then Mr. Montanari's neck pain would be anticipated to return. He would then be very favorable candidate to repeat zhizotomy procedure. PRIOR MEDICAL TREATMENT On December 9, 2009, Mr. Montanari was responding to a fire call with the St. Paul Fire Department. He was the driver and equipment operator of a fire truck. As he was exiting the vehicle, he slipped on the running board, causing his feet to go out from under him. In an attempt to stop himself from falling, he grabbed the door of the fire truck with his left arm, and felt pain in his left shoulder. On January 2b, 2010, Mr. Montanari underwent an MRI of the left shoulder. The MRI evidenced: 1. Mild to moderate overall supraspinatus tendinopathy. 3 mm intrasubstance ' tear at the mid insertion. Slender linear intrasubstance tears of the mid to ' posterior fibers. 2. Approximate 15 mm craniocaudal area of deep fiber tearing superior to the mid subscapularis insertion. Slender 8 mm mediolateral ganglion within the subscapularis just lateral to the glenohumeral joint. ' 3. AC joint DJD with minimal supraspinatus deformity. Mild subacromiaUsubdeltoid bursitis. 5 4. Marked chondral thinning mid to inferiorly involving the glenoid, cartilage loss through much of this area. Marked chondromalacia, apparent cartilage loss mid to posteriorly of the humeral head. Subchondral cystic changes anteroinferiorly of the glenoid. 5. Poorly defined tearing along the superior labrum. Irregularity and tearing of the anteroinferior labrum. 6. Biceps tendon is intact and nondisplaced from the bicipital groove. On January 28, 2010, Mr. Montanari was seen by Dr. Schow at Family Health Services for follow up. He complained of left sided shoulder pain since the December 9, 2009 injury. Range of motion was decreased in all directions due to pain. Dr. Schow reviewed Mr. Montanari's MRI results diagnosed him with a rotator cuff tear. He was referred to Summit Orthopedics for surgery. Mr. Montanari began treating with Dr. James Gannon at Summit Orthopedics. On March 9, 2010, Dr. Gannon recommended a shoulder arthroscopy to address a partial rotator cuff tear, labral pathology, and articular cartilage pathology. We aze unaware of any treatment for the neck or back prior to the March 17, 2010, motor vehicle collision. Upon information and belief, Mr. Montanari had no medical history or injuries that would account for similar symptoms or contribute to the symptoms he was experiencing regarding his neck or back as a result of the March 17, 2010, collision. Mr. Montanari was reportedly in good health and without neck or back pain prior to this incident. MEDICAL EXPENSES Dennis Montanari sustained severe injuries and exacerbations of a previous injury as a result of the March 17,2010, motor vehicle collision. As a result of these injuries, Mr. Montanari has incurred medical bills and medical mileage in the excess of$15,708.10. Pursuant to Minn. Stat. §176.061, the workers' compensation employer/insurer City of St.Paul is entitled to a subrogation right to recover benefits paid to or on behalf of the employee. (see attached City of St. Paul Payment Summary). WAGE LOSS Prior to the March 17, 2010 motor vehicle collision Mr. Montanari was assigned to and performing light duty work for the City of St. Paul at no wage loss. Following the motor vehicle collision of ', March 17, 2010, Mr. Montanari continued working in the light duty capacity until May 13, 2010 at j which time he was taken off work completely as a result of his requiring and undergoing ; arthroscopic decompression surgery performed on May 13, 2010. Mr. Montanari was completely ;� off work from May 13, 2010 through October 31,2010. Mr. Montanari missed substantial periods of work as the result of the injuries he sustained in the March 17, 2010 motor vehicle collision. Mr. Montanari was reassigned to light duty from November 11, 2010 until September 30, 2010 at which time it was determined he could no longer perform the duties of a St. Paul Firefighter. He applied for and was awarded a PERA retirement pension based on his disability. 6 On the date of injury, Mr. Montanari earned an average weekly wage of$1,508.30 (see enclosed wage documentation)while employed by the St.Paul Fire Department. He was completely off work as a result of his injuries from May 13, 2010 through October 31, 2010, or for 24.6 weeks. During this period, his wage loss was $37,104.18 ($1,508.30 AWW (x) 24.6 weeks=$37,104.18). On November 1,2010,Mr. Montanari procured employment at Tremar,LLC,working on a part time, and on-ca11 basis earning$300.00 per month, or the equivalent of$69.23 per week($300.00 (x) 12 months/52 weeks). He continued working at Tremar through February 28, 2011, or for 17 weeks. During this period, his wage loss was$24,464.19($1,508.30 AWW- $69.23 earned per week=$1,439.07 weekly wage loss; $1,439.07(x) 17 weeks=$24,464.19). Mr.Montana.ri was again completely offwork between March 1, 2011, and October 31, 2011, or for 35 weeks. During this period, his wage loss was$52,790.50($1,508.30 AWW(x)35 weeks= $52,790.50). Mr.Montanari procured employment at American Lot Maintenance beginning November l,2011, and has continued to work there to the present and continuing, earning$12.00 an hour and working 25 hours per week.Note that during the first two months of his employment, his hours varied somewhat, but since that time,Mr. Montanari has consistently earned$300.00 per week. See attached wage documentation.His wage loss through from November 1, 2011,through December 14, 2012(58 weeks)is$70,081.40($1,508.30 AWW- $300.00 earned per week=$1,208.30 weekly wage loss; $1,208.30(x) 58 weeks=$70,081.40). Mr. Montanari's to-date wage loss through December 14, 2012 as a result of the March 17, 2010 motor vehicle collision totals$184,440.27($37,104.18+$24,464.19+$52,790.50+$70,081.40). Assuming he would have continued working through August 26, 2020, the date on which he would reach age 65, or 400 weeks (December 15, 2011 through August 26, 2020), Mr. Montanari is expected to e�erience future wage loss totaling at least $483,320.00 ($1,208.30 weekly wage loss (x)400 weeks=$483,320.00). . WORKERS COMPENSATION BENEFITS The City of St. Paul is self-insured for purposes of workers' compensation. As of September 19, ; 2012,the City has paid a total of$15,708.10 for medical expenses and vocational rehabilitation � expenses relative to Mr. Montanari's March 17, 2010 injuries. Mr. Montanari was also paid wage loss benefits by the City of St.Paul between May 19, 2010 and � October 18, 2010,totaling$19,720.00.Following a workers' compensation hearing,Mr.Montanari was awarded an additional$37,035.01 in indemnity benefits. Since the workers' compensation hearing,the City of St. Paul has continued to pay ongoing wage loss benefits through the present, totaling appro�mately$37,054.38(weekly wage loss benefit of$805.53 (x)46 weeks). 7 In accordance with Minn. Stat. §176.061,the City of St.Paul has a statutory subrogation interest and is entitled to reimbursement for workers' compensation benefits,totaling approximately $149,517.49, it paid relative to Mr. Montanari's March 17,2010 work-related motor vehicle collision. There is no collateral offset for the workers compensation benefits paid. PERA RETIREMENT BENEFITS Mr.Montanari was forced to file for Public Employee Retirement Association(PERA)Pension benefits based on his inability to continue working as a St.Paul Firefighter. Due to his age, his application was automatically processed as a retirement benefit. He began receiving PERA retirement benefits of$5,663.19 per month in September 2010. Under Minn.Stat.§548.251, subd.(1)(2), pension plans are specifically excluded from the definition of"Collateral Sources". PERA retirement benefits are not contractual, nor are they voluntarily wage continuation plan. PERA Police and Fire Plan retirement benefits are governed by Minnesota Statue. Specifically, Minn. Stat. 353.651, and as such they are a Statutorv plan, and do not fall within the definition of"a contractual or voluntarily wage continuation plan provided by employers or any other system intended to provide wages during a period of disability..." Minn.Stat.§548.251,subd.(1)(4). As such, there is no offset for Mr. Montanari's receipt of PERA benefits. SETTLEMENT DEMAND As a result of the collision on March 17, 2010, Dennis Montanari has suffered a significant change in lifestyle and loss of enjoyment of life. Mr. Montanari has had to endure both physical and psychological impairments as a result of his injuries, which affect him each and every day. According to Dr. Alan Markman in his narrative report dated August 10, 2011 Mr. Montanari sustained a significant aggravation to the pre-existing condition of his left shoulder. NIr.Montanari has sustained a permanent disability to the whole body. Mr. Montanari who was employed as a firefighter with the City of St. Paul for the last 31 years will feel the residuals and e�cerbations of the injuries he sustained on March 17, 2010 for the rest of his life. Dr. Hadley the Independent Medical Examiner also opined that the injury of March 17, 2010, was that of a cervical strain as the result of the motor vehicle collision. He also noted the motor vehicle collision of March 17, 2010 resulted in an aggravation of Mr. Montanari's underlying multilevel degenerative disc disease of the cervical spine. In Dr. Asmussen's narrative report dated May 22, 2011, he opined Mr. Montanari had sustained ' permanent injury as a direct result of the March 17, 2010 motor vehicle collision. It is Dr. Asmussen's opinion that Mr. Montanari will be predisposed to further degenerative joint disease in the vertebrae areas of injury and he is alsa susceptible to injuries of these areas in the future as a direct result of the March 17, 2010 collision. Mr. Montanari has had to endure a significant change of lifestyle and loss of enjoyment of life through no fault of his own. 8 Given the nature and e�ent of Mr. Montanari's injuries plus the pain and suffering he has had to endure, we have been authorized by Mr. Montanari to demand $ 100,000.00 for a full, final and complete release of his claims as against Marion Lorraine Fretschel and 21 Century Insurance subject to Mr. Montanaxi's right in accordance with Schmidt v. Clothier, 338 NW 2d 256 (Minn.1983). We respectfully request that you contact the undersigned upon receipt of our demand to discuss this matter further. Very truly yours, USER&ASSOCIATES,P.A Ronald F.Meuser, Jr. RFNUsmy Enclosures Cc:Dexmis Montanari 9 65I1�/261� 11:33 6512286255 SAINT PAUL FIRE PAGE �1/15 ��p� �*�� IR � � � ' "� � I �g�c� �r �.�v�;��v� ,�� aint�'aul]E�'are lDepaa�meaxt ��.�. ��° 69�5 JEt��adolpl�.Ave�aue �aint�'a�t1,lVx�n�t�sot�. 5��02 .�'ac,simile �'pac�asrrrr.it�al�'o��,�1ae�t �A. • �I� � /D T][Nf.�: ' ��: -1�'��.�� ' ��: r��: �. � Y��-�c�.�--� � �i�; �IQ�A�Im� C1f�iices � � .l�Q-�.dmiYa Servxce� � � �znd{�DOP� (111ain.floor) (�i'Si)-�5-6� (651.) 228-62�1 ' ��r�xxaina�ag � � �'x�r� Cox�am�n�catioz�s � � (651) b�.A�-8S7.8 (65�.) 266�7'71� or 7749 �,quig�.t�.ut��.xv�ces [ ] �u�fding 11!�ainfEx�ance [ � t�s�> �4s�7a�o {651) 77].-�os7 su�a�c�r: �� T�x�aY.,�,��s�rtc��r��: ��S I�you �td not xecei^ve al�o�f�this k'�,��.��ge co�tacf: � at: � , I�TJrgept � k'or Revie�v C7��eas�co�onma.ent Q P�eaae]E�ep1y �onfide»i.ial�y 1V'ot�cce: ':�'he in�oxma�:�on cot�#:ai��d ix�t�is fax traz�smxs�iox�map be le�a��y ��v�leged a�►c�/o�r ev��de�a�iaX,inte�,c�ed so�eYy foar 1:�e'c��ving and�se o�the irtdxvid�tal,ar e�n�ity �.am�d above. X�'you� �re noi:the it�tend�d xeci�i�nt o�thfs fa�tra�nsmxssxon, �o� have ree�i�ved this �.�•ansioa�ssion xn crrox, and are her� by mut�ed t�iRt the l�w str�iciXy �a.rahibxts the disixi.brxt�ion,t�i�scYosux e a uest�d��c�in�t�f the above pe�'�o�to st'x amg�x t h i s�a r a n s m.�5 s x o n i� e r x'o x,y'�:u a x e r�c� deat�ruction or�retutrn o�t�e 1x'ax�smissxan. 9511012010 11:33 6512286255 SAINT PAUL FIRE PAGE 10/15 pa9� S Of�13 �� Saint Paui Police i�eparfiment CJRIG�NAL �FF�NSE 1 I�CID�NT �EPI�RT Complaint Numt�er Fteierence CIV Dete and Time of Report �oo��ss9 0��7f2o�o ��:z3:oo Prlmary aNense: TRAFFIC AC�IDENT-P�RSONAL INJURY � � V'�H1CLE lNF4RMATION (Prop�rly) Statu� QeSCription License no.: VL.!ld51 Year: ��00 starus: Damaged Type: Sedan rowed: No state: MN Lock statu5 Year. 5I201 Q Color. l"a(t Doors ur►tacked' U.l.N.: Doors: q lgnifion Un10Cked.� Meke: D�dge Tr�nsm�ss�QR. Autamatic . TrunkunloCked: M��- STRATUS 3hlffPvsition, �olumn Keys rn UehlCie:YeS Mfleage; InsuranCe&owner Fr�forma8on Vehlclo conterlts&drFver lnsurance co.: AIG ADVANTAG�#1997462 Keys rn��nrcle; Yes 1_ienho/der,' Owner a!lowad someone to � use vehicle: LoQSe Compeny: qmountOwod: �,p StolenAAefhod: Reyistered owner Fretschel, Marian l.arraine 7heff CovereyQ: Drrvers license no,' Q437'E 5784181�4 Persone!property in vahlGe: Vehicle pamage MAJOR FRONT ENi7 AND L�F7 FRONT�AMAGE;SLIGM717AMiAGE TO R�AR � Participanxs: Persan Type: Name; Addr�ss: phone_ Arrestec F'retsehel, Marion Lorraine 516 HUM80LDT AV Apt 212 651-227-5558 ST PAUL, MN 55107 Owner St Paul Fire Aept 1675 ENERCY PARK bFt ST PAUL, MN 55108 Victim Morttanari, Dennis Cha�les 2515 LAKE AV 000-0OQ-0000 WHIT�BEAR LAKE, MN 55110 Witness Domfeld, AAark Notm�n 5541 107TN STREET CR W 952�948-0857 �L�OMINGTON, MN 55�37 Witness Hannan,Tim4thy Michael $523 YALTA ST IV� 000-000-0000 BLAINE, MN 5�b14 Wi�ness Moore, Golleen Mary 132 SOUTMW00�DR 651-�81-9492 VADNAIS H�IGH7'S> M(d 551Z7 $PS8C005GB5791e 05116f2010 11:33 6512286255 SAINT PAUL FIRE PAGE 11/15 � Page g oi 73 - Saint Paul Poiice Department ORIGINAL, OFFENSE I N�VCIDE�IVT R�PC�RT Complalnt Num6er ReferenCe CN bate and 7ime of Report �oo��s9 03/'f7/2�1011:2a:oo Pdmary o(fense: TRAFFIC ACClDENT-PERSONAL iNJURY NARRATN� Qn 03-17�90 at 112A� hrs. I, Squad 257 (Wild)was dispatch�d fio� property d�mage acoident at W. 7th and S#. Peter St. involving 2 vehicles and injuries were unknown. Upon my arrival, f could see that the Fire Department and Medics w�re on scene and I was advised that an eld�rly female driver of Vehicl�#3 had already been taken ta St. Jaes' Hospifal by Medic#6. (was also aduised by�ire Dept. personnel that#h� driver af Vehicl�#�2 was one Qf th�ir Fire Chisfs but he was not injured; however, he� had been in a Fire Dept. (City Owned vehicl�}. I immediately contacted dispatch to tell them that this wa�an accident with injuries and involved a Ci#y V�hicfe. The ciriver of vehicle#�vaas pointed aut to me and I id him both varbal[y�nd per his MN pictur� DL as follows; NAM/Mt7NTANARl,DENNIS CHARLES.*R�CORn rnfiSFMINATION R�STRfCTED* SNMI: ,. :� g�X/M, p0�/'19554826. HGT/507. WGT/195. EYEIGRN. DISA�I�.ITY CERTIFlCAT�S:N aLNlH�88042�31216. OLTl�. Cl.S/6. CSCNALIa. EDR/ M. �XP/082611 S�'ATUS:VALID D�fd4R:IV DESIGNATED CA�i�G11lER:N I'HOTQ;7�982�13028.(SU/080107.DNR TRAINWG=FIR�ARM:N;SNC�WMOB{LE:N �phone numbers far Mantanari wer�: I. or(651} 776-1252 wk�t Statiort�fi4, Monfianari requested that I have a traffic dfficer respond since he would need a PBT done to shouv that h� had not been drinking. I requ�sted this over the air via dispatch. l also called Sgt. Nash to inform her of thE situatian. Squad 559 {L�e) arrived and administered the PBT (his assigned unit)which showed .p0 BAC far Montanari. � Ac�ording to Mantanari, h� had been WB on W. 7th St. in the Ieff W�3 lan�just appro��hing the Assumption Ghurch wh�n he was struck by a vehicle which c�me speeding eut onta W. 7#h (S�)�from the church driv�way. Monfianari almost thaught there was a chase and the vehicle was �leeing the area by the way it was driving. Montanari was driving his work vehicle and had just come from the car wash; his v�hicle had b�en pushed into the middle of the roadway jus#where fihere was an opening ir�the median and he was facing SB acr�ss the left EB 12�ne of 7th jus#'across frarrt the Mickey's Diner parking lot. Mantanari did not believe he was injured and had been checked out by the Medics on scene b�for� 1 arrived. He had been wearing his seatbelt but the air , bags had not deployed. , The vehicle fihat Montanari was dr'tving was the fiollowing: I LICISKK$44. LIY11Q. LIT/PC. ' � NAM/ST PAUL FIRE DEPT, 5NM/1675 Et�ERGY PARK DR. CTY/ST PAl1�.. STAIMN. ZfP/55108. . VIN/1i�8F��48287F54217�4. VYR/�7.VWIA/DODG.VCO/BLK/BLK. VMQ/DURANGO,�DR WAGON �XMIJUN. STICK�R:K2156548. Medic personnel on scene advised me that the driv�r ofi Vehicle�1 was�n elderiy femaie who had suffer�d a bump on her head and she was�aken far eva4u�tion ta St. Joes' Hospital. Vehic{e�#1 was resfing up against a gua�drail at the far west end ofi the MicKey's Diner parking lot. Th� guardrail was between their lat and the SPBBCgC5CB57916 ,0511�12010 11:33 6512286255 SAINT PAUL FIRE PAGE 12/15 ��9e 10 of13 � Saint Paul F'olice D�par�m�nt C��iGIN,AL �FFEN�E 1 �MVCID�NT �EPC�RI" Data end Trm�af Report Complaint Numb6r ReferenCe CN ' 100536�9 Q3/17/2010 11:23:Q0 Prfmary offense: TRAFFIC AC��DENT�PEI�SONAL INJURY parking garage entrance/exit of Traveler's Insurance Company which comes out onto W. 7th St. lt appeared � that the gu�rdrail was on the Mickey's property by the way it was facing inward toward their lot. I did make contaat witn the employees an duty at Mickey's Diner(36 W. 7th St. phon� (651) 222-5633 wk.)today brat th�y advis�d me to call their main ofifice number of(E51)698-0269 wk. to see if the guardrail was actually on their property or not. At the time of this repart, 1 Ieft a messege at this number explaining the situation; but still have not been contacted by anyone about this question. vehicle� 1 was the following: LICNL,UQ51. LIY/1�D. LITIPC. NAM/FRETSCHEI.,MARION LORRAINE.*REC�RD DISSEMINATIDN RESTRICTE�D* SNMI516 HUMBO�DT AVE#212. CTY/5T PAUL. STA/MN. ZIP/55107. " V1N/'{�3EJ�6X7YN20�$23. VYR/00.VMA/DdbC. VCOITAN/TAN.. VMD/STRATUS SE,4DR S�DAN EXMIMAY. D0611921104�9. ST{CKER:K285�439. Officer Lesedi had arriv�d and was assisting m�with tr�ffic and the paperwork for towing Vehicle#1. Officer Le�then requested that we h�ve Sgt. Nash respond since he wasn`t sure if w�wauld need to c�ll out Sgt. Plucirtak for Rccident Reconstruction ar if he wou{d be able to just mark the vehicles prior to the taws. After Sgt. Nash's arrival, it was det�rmined that�ff. l�e� could mark the vehi�les. Off. Lesedi then assisted me by gaing to S#. Joes to make contact v►�ith driv�r#�1. it was verified that it was Fretschel wha had been the driver and a relative had arrived to loak for h�r insurance information and get some of Fretsahel's belongings from her Gar. � F'er 2n NClC and DVS website check the driver of Vehicle#1 was id as: NAM/FREI'SCH�I.,MARION LC}RRAIN�.*R�CORD D(S��MINATf�N R�STRICTE�* SNM/516 MUMBQLDT AVE#Z'I. CTY/ST PAUL. STA/MN. ZIP/55107. SEX/�. D4B/�9�11009. HGT/504. WGT1132. �Y�/GRN. DISABfL17Y CERTIFICATES:Y f]LN1Q437�57$41814. OLT/1. CLS/f�. EXPl10D912 STATI�S:VALiD GLASS�S pDN�R:N DESIGNAT�D CAR�GNER�N FHOT0:86912630b8.ISU/091908.17Nh TRAlNlNG-FIREARM:N,SNOWMOBILE:N "phone number for Fretschel was: (651) 227�55�8 hm. See Off'icer Lesedi's suppl�mental reparf under this CN for more details on what�retschel had to say about the accident. Squad 291 alsa took photos of h�r injuries at fhe St. Joes' ER. Fire Dept personn�l provided me with tvito names of vaitrtesses and th�ir phone numbers bufi they had already left th�scene. I afso cantacted the persan who had cali�d in fihe accident originally for this call who was only id as°Mark"wifih a phone number. This first witness was id both uerbally via the phone and v�ri�i�ed by the DVS and NCIC web sites as follaws: NAM/QORNFE�.D,N�ARK NORMAN.*REGORI� D1SS�MINATION RESTI�IG7�D* SNM/5549 IN 107TH S1'CIR. CTY/BLC70MINGTC�N. STAlMN. �lP/5�A�37. ��X/M. DOB/1962�32$. HGT1590. WGT1160. EY�l�RN_ bISASILITY G�R'TIFIC�ATES:N OLNJB2520955978Q9. OL'T11. CLSID. �XP/a32$12 $PB8C9C5CR67q�e •0511012010 11:33 6512286255 SAINT PAUL FIRE PAGE 13115 Pa9Q 'I'i of 13 . . Saint Paul Police D�partment �RIGtNAL �F��NSE I IN�ID�NT REPORT Date and Trme of&�eport complalnt Number Raference GN ��/2Q�0 � �:�3:�0 ��'rJ�6$� PrrmerY offenss: TF�AFFIC ACCIDENT�PERS�NAL iN,�URY STATUS:VALID DUNOR:Y DESIGNATED-CAREGIVER:N PH�TQ:8695077017.ISU/031708_DNR TRAiNING=�'IR�ARM:N,SNOINM4�ILE;N �'phone numbers for pornfeld were: (612}790-7544 cell. (952) 9�48�0857 hm. Dornfeld advised me#hat he was the groundsic�eper for the Assumptian Church and he had been picking up � trash in the front yard near th� rectory,just ta#he west of the church and near the"Lucy"statue. Dornfeld told me he heard loud squealing coming from the parking fot area and th�n he heard a crash. At this poin�, he looked up and saw the tan vehicle heading across W. 7th Sfi. after it had hit the black SUV�nd#hen he saw the driver hit the guard rail in th� Mickey's lot. Domfeld made fihe cail to the 91'foperator from his cell phone. N� also had checked the parking iot of the church and saw the darnage to the handicapped sign at the fa� south�ast end of the lot which had been caused by�h�same vehicle backing into it. Th� Fire Dept persanr►el wer� also on scene and were taking photos at the same time I was and they advi9ed me of the path thafi VehiCle#1 had taken. Witness�s h�d to(d them th�t Fretschel had just amved and was backing up EB in the church p�rk9ng lot to park in a designat�d handicapped space(third from the 7th St. side ��uhch }ot uTh�fcar s ed forward f om the spat he�ading V1lsn�the at toward he fencelby he�east s tle a fihe ch p church. � The�an veh�cfe then hit the curb and Fire Dept personnel showed me black tlre marks on the parking lo# p�vement and #ir� marks on�ne far west curb of the parking lot next to the church where the tan vehicle had last a h�bcap. WifinesseS had told th�m that after hitting the curb th�vehicle#hen sped off S�from the parkEng Iof a�d hit the Chief's car on W. 7th St and then canfinu�d SB and crassed the EB lanes ofi W. 7th St. and then ended up striking fihe guardraif in the Mickey's parking lot. I took the papers with the names of the witnesses and verifed them via the DVS and NCIC websites as foflaws: NAM/HANNON,TIMOTHY MlCHAEL.*R�CORD DfSS�MINATfON R�STRICT�D* , SNM/8523 YAI�TA ST NE. �TY/BLAIN�. STA/MN. �IP15501�Q�. $EX/M. R�JB/19730610. HGTl�p2. WGT/240. �YE/WZL. D[SABILITY CER�'1FICATES:N p�.N/W3032104$92d6. OL.T/1. CLSID. EDR/ M. EXP/061010 STATUS:VAI.iD DC}NOR:Y D�SIGNAT�p CAREGIVE�t:N PWOT0:67pQ158007.ISUlQ60706.DNR TFiAINING=FIR�ARM:N,SNOWMOBILE:N *phone#for Hann�n was: (612) 9G5-6695 ceH. NAM/MOC?R�,C�LL�EN MARY.�REGORD pISSEMINAYION RESTRlCTED" SNM/132 SQUTHWOOD DRV. CTY/VADN�AIS HGTS. STAIMN. ZIP/55127. S�X/F. Da�l19720209. HGT/5�7_ WGT/'170. EY�/HZI.. DISABIL�TY CERTIFICATES:N OLNlT820272621�410. OL.T/1. CLS/D. �XP/020913 STATUS:VAI.ID DON�R:Y D�S{GNATED CAREGIVER:N p�On O 97mbe�fo M�nore we�re�(��R 481��94I92 m'R65 R 3 4�9G8 WMOBIL�:N P l calfed bath of the witnesses ancf lefk messages for them to call me back about the accidett#. They both c�lked me back at different times and �dvised me th�t they were walking in the chur�h parking (at comir�g from the SPP{iC9CCiC657�19 �511012�1a 11:33 6512286255 SAINT PAUL FIRE PAGE 14115 ' ' � . ' , ' Page 12 af 13� ' Sainfi Paui Police Departmert� � � ' � t�RIG�NAI� OF�'E�VS� / It�CIDEN�" REPI�RT � � � Complelnt Number Referenco CN Defe and Time of Reporf �oo5��s� 03/17/2010 'I 1:23:00 Arim&ry offense: . TRAFFIC ACCID�NT-PERSOiVAL INJURY north end and heading SB. Hannon and Moor� �re brother and sister and had just parked in the area far the end of the St. Patricfc's Day parad�_ They said th2tt they heard fihe squealing of tires�nd saw th�tan vehiele strike the handic�pped parking sign and pole. They then h�ard a crash as the sign had hit the car or th� building and then heard more peeling out of tires and then saw fihe vehicl�speed �orward heading for the church fence but instead the car hifi the curb and bnunced ot�heading SB foward the street. They bath then saw#he tan car hit the black SUV vahich was trav�ling WB an 7th St. but the tan vehicle kept gaing and crossed the streat�nding up in the Mickey's fat where i�hit the guardrail. They fiald me fihat they are bath�irst responders sa they each ran up to the cars to offer assistance. Maore stated she was h�lping the driver of the blacfc 5UV(Montanarij and Hannon ran#o help the driver of the�ehiele (Fretschel). Hannon stated that Fretschel told him she was trying to gefi the car stopp�d but couldn't. Hannon said that Fretschel seemed out of it when he first went up to her and she had hi#h�r head during the aCCident. They stayed with the drivers until the Medics arrived and took over. I st�yed on scene until the scene had been marked by Traffic O�icer Le� and the vehicles were towed. The Fire Chiefs vehicle went directly to PSG and �tow sheet was not filled ou#�for it. �retsch�l's v�hicle w�s tawed to the Impdund lo#. See the Towed Vehicle Repark filled out by Officer Lesedi artd I under this CN. i r�au�stea ott'. L�sedi t� issue a citation t4 Fr�#schel's for Uns�fi� Change of Course (this uvas tag#91�- 136764) and she alsa provided her with the CN and had her sign a medicai release. Off. i,esedi stated fihat �'retsche! informed her that there was something wrong with the acc�leratar and she believed that it was stuck which is why she was unable to stop. I �Iso contact�d Sgt. Maidment of the Momeland Security Unit and lefk her a message asEcing if she could check th�cameras downtown at St. Peter and 7th to see if any part�f th� accid�nf was caught on video. Sgt. Maidment cailed me back later but she was�Iready ou#of the vffice bi.tt she would check the files ta see if the accident was recorded and provide a capy if i#was avaifable. I atso took photas of th� accident 2nd refumed lat�r when the church se�rvices were over so I could get a full view of th�lot when other car�were not parked there. See my suppiement report far the description of the pho#as tak�n. See also fhe State Aecident I�eport und�r this CN. QFF1C� pISTR1BL1TlON � � Tra�c&Accident/SP�D ° PUBLIC NARRA.TIV� � On 03�'l7-10 at 1124 hrs. I, Squad 257 (Wild) was dispatched to a property d�mage accident at W. 7th & St. Peter St. Upon my arrival to#he w�st of that lacation, the Fire I�ept_ and Medics were on scene and it was saeacqcscs��eas 65110l2010 11:33 6512286255 SAINT PAUL FIRE PAGE 15f15 ' Pa9� �E3 or E3 . � � � ' Saint Paul Police Deparfiment �RiG�NA,I� OFF��VSE 1 IN��DENT R�PaRT Cpmplalnt Number Refe►gncc C!V Dst�e end Time of Repo►t 10053fi89 � 03/17�/2010 �1:23:00 Prlma►y ofl`enQe: TRAFFIC ACCiDENT-PEi�S4NAL INJURY determined that one of the drivers was injured and firanspartr�d to a Medical Facility�nd one of the vehieles was a Ci�y own�d vehicle.Traffrc Squad 5b9 (Lee), Sgt. Nash (Squad 207} and OfF. Lesedi (Squad 291) responded to assist. Accarding to witnesses, Vehicle�#1 (2000 Qodge Stratus, tan �dr.) had been in th� parking !ot of th� Assumption church att�mpting to back into a parking space, when the driver suddenfy backed inta a sign fior the handicapped spots in th� lat. The vehicle then was s#uck ort the curi�and then accelerated forward sfiriking a curb in the parking lot, farcing it out into W. 7#h streef where it sfiruck Vehicle#2 (�ire Dept. Vehicle Z007 . podge Durango, black 4dr.) Vehicle#1 fihen cantinued accelerating SB across all lanes of W. 7th Sfi. tr�ffic and ended up striking the guardraif in the parking lot of Mickey's piner(36 W. 7th St.)Driuer of Vehicle#1 was id as: �retschel, Marion Lorrain�88 yr. oid female 516 Humboldt Ave. #212 St. Paul, MN 5510$ �nd was cit�d for . Unsafe Change of Cocarse (Tag#910-136754)_ Both vehicle had to be towed from fhe scene. Photas were taken and�raffic&Accid�nt Ur�it marked fhe sc�ne. ,I � ,� SPH6C9CSCB3799G 0511af2�10 11:33 6512286255 SAINT PAUL FIRE PAGE 02/15 ' �s�',�f[�'� K �loar�garerr. r'._.. t �� t�F+^9900• � :ocro�C.N�Ra �� G � �„ ��y�'..� �`� x G M C L Q '� s � 4 4 0 � rAOe � � �^� !k� .�aam, na^► �+/ n/n� u�urnarnN� � 411� _J�UN RIB F VCIIN%Rt�� +T �,Q(� W Gr� � f�� r r��. n�,�p 0 1y�1�17'01'%TPN LOU'1R7NAYtlAON: Yq4NF � � N 10.O�KiM ��0T�6M� �1 �/LJ�� llg � �F�, � i+_� ,�C1� rM tiMllr'r�-�� W �� „� � ' "^� ' � neu�aar: �wurea SCiS�T.w"a'a�nt° . NU/�y��y '��j'�-JJ'/ � I� ��r{��^ � _��......r� L.l' • • Eq'8 OLd�►.Sllf POA�iOh �� '� A � I�R uti:.. ALaf�'rup rrG�dlt ��7 � umreM,.r1�nA�ENid �� t � �� C� I� � �� ao��, /a r�. N IIPQMQT.YIM./'IiIT /� r}^ WdG�'4MM1II �sp MRAtlQNp�Nqa1LUR I Y' !� yr �� * � 4r �f � -` '^ �l'�+"'+�J Ttl RCT*�iGT �2P H� aEOrte.^. � � Piul T A�ua��+ � �� '�� N�+� �m�;,� • �Y.��s�--� �7.f� � � ' ��. �►"ru~ � �-sr�`� c�.� I�.t�� `rra -�r . 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Q,�� ,� 05110f2�10 11:33 6512286255 SAINT PAUL FIRE PAGE 03/15 Page � 0113 � �aint Paul Poiice Departm�nt aRI�MNAL OF��SE / 1N�1aENT' ��►R�' Complarnt Number Rcfcrence GN Oate&rld Tlrr+o bf Report 10053689 03/17I�010 �1:23:00 Primary offortse: TRA�'FfG ACCIDENT�PERSONA�. INJURY PMrraory Rcporfinq OffrCel° Wlld, Lynn A 11lam�oflocationlbuslness; Pdmary squad� 2�7 Locafion of 1ncldenf:7 S�'W&STP�f'ER socondaryreportngot�aer. ST PAIfL, MN 55102 approver Simmons, Michaef Dlstrlct;CErittal Dato�E time of occufrenCe; p3/17/2010 11:23:00 ro Srte; 03117/201011:23:OD Arrest mede; Y'Es Socondary affenser TRAFFIC ACCID�N'I'-PRIVA7�PROPERTY � Pollco OfficerAssautted or Injured: Pofice O�c�er/Issrsted SuiCide: Crfine Scene Proc�ssed: O�'F�NS� D�TAILS ' 7RAFFIC ACCIDENT-PERSQNAI»1NJUI�Y Attempt Only; APpenrs to bs�ang Relafed: Cr!►ne Scene Method&Polnt ofEntry TY�� Public dom�in For�e used.� Fild lnside: Descripfion: Highway/street/road/aUey Pofntofcnhy: M,etitod: VfcfFms pennis Mon�anari ,TI'�AFFIC ACCIQENT-PRN�1T�PROP�RTY Affempt Only; Appears to be Geng RclotEd; Crlm�5c�ne Method&Pnfnt of Entry Type. Of�ce/cdmm�rcial Forco used: Wid lns�do: aescriPnon: parking Eot/ramp Polntofentry.� Morhod: • SP86C9GfiC�357a1e 0511012010 11:33 6512286255 SAINT PAUL FIRE PAGE 04/15 ' ' Pagc Z vt 13 , ' � Saint �'aul Police Department t��ICiNA�, D�FENS� l NNCIDEN�' REP��T Corr+plelnt Num6er l7eference CIV Dafa and Time of Report 10053689 03/1�/2010 1�:�3:aa Prlmary offense; TRAFFIC ACGID�NT-PERS4NAL lNJIJRY ARR�STS Cited N�me: Fretschel, Mari�n Lorraine Bao�dng date: p3/�7/2d 10 Daro&�mo of arrest;03/17/2010 9 2:30 Booking time: 12;30 Arrest m&de on vtow:Yes eodking�: Arr�st rnarlo on warranf or previous CN; Warrant number. ort,aJnatrnQ a9Qncy:St Paul PD warrz�nt rype: ChargelC�rstjoni�9»amounc: Unsafe Change oF Course/910-�36764lnla NA�ES Arrestee Fretschsl, Marion Lorr�ine 516 !-IUMBOLDT AV Apt 212 , KNOWN ST PAUi„ MN 551 D'� Niaknames orAltases ' Nicic Name: Alias; ' AKA F1rst Name: AKR l.�st Name: Defafls Resrdent Sfetus: Sex; Female Raca: White �Q�� 10/9/1929 Nispanic: A9e: 98 from to Phonas Nome; 651�227�5558 Cel1, oorrtecf: � Fax; Paqar,' Work; Employment dcCUp�tlon; EmployQr. rdQna��ar�o� S5N: L�censo ort[r#:Q437157$4181�k ucense State: MN Physfcg!Descrtiptinn US;Y�S Metric: NO Halgh� 5Qq, ta 8u!!d: HelrLengfh: �h��haii' HairColor. Brown weignr: 9 32 � Skin: Facl�l Natr.. Nair rypa: $tf�ight 7eeth: �ye cotar� Green Blood Type: sasscac�css7s�a �5J10/2016 11:33 6512286255 SAINT PAUL FIRE PAGE 05/15 � � Sainfi �auf Police Department P�yC � o�1J �RNGINAL OF��NS� / INCIDE�T REP��T Compfafnt Number R9farenco CN p&te snd Time'of Report 10053689 03/17/2010 �1:23:00 Primary dffense; TRAFFIC ACCIDENT-PERSaNAL, INJURY Gffender Informatfan �lrrested; Yes Pursuit engaged: Vialafed ReRtrelning Order. DUi: ResiSt9nCe encountared.� Condltlon: Sob9�,Co11SCious Tekert tG heelth Cere fdCility:Ygg Medloef rslease obtained: Yes lnjur;es �ype Locatlon Apparent minor injury Head Owner St. P2�ul Fire Dept 1675 ENERGY PARK DR � ST PAU�, MIV 55108 Nfeknames orAliases Nick Name; Ali�s; AJC�1 Frrsi Name: AlC�t Last Name: Aeta!!s ' Sex: Roce; DOB: Reside�t Status: Hisparric: Age: from to Phones Home; ce��' cantact, 651-776�1�52 Work: Fax: Pager, �mployr»ent OccupeNon: Employer.� C�"�QF ST. PAUL, ldentifiaation SSN; UCense or ID#; Ucenso State: Victim Mbnt�n�ri, Dennis Charles R�quests oon-public due to safety conCeTns Nicknames or Aliases Nrck Name; Aliys; AKA Flrst Name: AKA Last Name; $p98C9C5GB�7976 05I10/2010 11:33 6512286255 SAINT PAUL FIRE PAGE 06/15 ' Sainf P�ul Police Deparkmenfi P��C 4 Of 13 ORIG��IAL OFF��SE I INC�DENT RE�aRT . Complsi»t Number Reference CIV Dafe and Time of Raport 100536$9 03/17/201 Q 11:23:�Q Prrmary Offe»Se: TRAFFIC ACCIi]ENT-PERSONAL IN.lURY peta;�s Sex: Mafe Rac�: White DQB� 8I26/1955 Resldent stQtus: Nlspantc� Age: �4 from to Phvnes Home; 000-OQO-OOflO �!►= Confact: wark: �51,776-1252 F�: PBg��' Employmen! occupation: FiR�CHfE�57ATION#4 �mR�oy�r CIl`Y aF ST. PAUL FIRE DI�T. Idenfft"rcatlon SSN: Llcense orlD�k•H088042431216 L;cense steta: Physfca!Descrlptlon . __ US: �Jp Metrio; �►p Helgbt,• to 8urld: Nair Lengtit; Nair Calor.- Weight� ta Skf►r: Facla�Hair. Walr Type: Teeth: Eye Cofor.' 81ood Type; � Vfc!!m informatlon TyPQ� IfldNidual Can ldenBfyOff�nder, Ye5 �lling to Press Charge�: NO Condtrrorr Sober, Conscious Taken to health cere facility: (�p MedicaJ release of�telnsd: NO 14e/atfonshfps Stranger Arrestee Fretschel, Marion LoRaine Witness Dornfeld, Mark Norman Rmquosts non-pubfic due to safety concems 5541 107TM STREET CR W � BLOOMINGTON, MN 55437 N/cknames orAlfasos Nlck Namo: Al/eS: AlCA�ir'st Ndme, AKA Last Nama: Detafl� Sex; h11ale , Race: White p08� 3I28l1962 Resldentstatus: H/spanl�; A�� 47 �m � SPBBC9C6C�57918 65/10/2�10 11:33 6512286255 SAINT PAUL FIRE PAGE 07/15 Paga 5 oi 13 � Saint Pau1 PQfice C�eparkmenr ORIGINAL O��NSE / NNClDE�VT R�POR�' COtttp16lnt Number Reforonce CN D9fe end Trme Of R�porY 10053G89 03117/20'I Q 11:23:00 Prrraary a(�snse: TRAF�IC ACCID�NT-PERSONAL INJURY Phones Nomo: g52-948-0857 Cell;612-790-7544 Contact: , Wor1c.� 651-224-7536 Fsx; Pager. Employmont occupation,- GRQUNDSK�EP�R Emp�oyer ASSUMPTION CI-IURCM Identfica8on ss�v.� �icenseorltr#;8252095597809 Licensestate: MN �pt�� I-lannon,Tfmathy Michael Requosts non�gubl�c due to safety concems 8523 YALTA ST N� BL.AINE,MN 55014 � Nlcknarnes OrAliases � Nlcic IVame: AIlas: AKA Fi1st Name: APCA Last Meme: , DetAfls s�: Male R�� ►�� 0e� 6/10/1973 RESrdenr status: Nispenic: A9e� 36 �m ro Phones Home: pp0-000-0000 Cel►:612-965-6695 Gontact, WaM. Fax: Pa.qer. Emplaymep# Occups�on: Emp/oyer� ldantfflcatlon SSiu� License or 1�0#'W303210489206 l�conse Siete: MN ��5 Moore,Colleen Mary Requests non-pubflc due to safety�oncems 132 SOUTWWOOD pR VADN�115 N�IGNTS,MN 55127 N�ckrrames or AUases Nick Name: AIi&S; AKA Flrst Neme: AJG4 LasP Nemc: $pB9CflC5CB5791� 05/1�12�10 11:33 6512286255 SAINT PAUL FIRE PAGE 08/15 . . P29e 8 of 13 Saint Paul Police�Deparkment ORIGINA� aFFEI�S� � INCIDENT" REPOR'� Compl&int lVumber Reference CN Dete snd Time of Report 1 pQ53689 03/17/209 0 11:23:00 Primary offettse: TRAFFIC ACCID�NT-PERSaNAL {NJURY Defa!!s Sex:,�emale Race: Whlte Doe: 2/g!'1872 ResidentStBtus: HispeniC: Age: 3$ fiom to Phones Home: 659-�81-9�492 . �ef►'651-334-9684 Contact: Worlc: �ax; Pagor. Employmen! Occupatlon: Empfayer, ldentFficgtion SSN: License orlD#:T820272621410 License stete: MN so�.vaB��.�r�r�acroRs Suspsct can ba Idenhfrad: Y�g By� police/victim/witness phoro.s Teken, Yes SMlen Proparfy Trecesble; evidence rumed tn: ' Proper�y Tumed!n, Yes Refeted Inadent Lab �i0loglC&1 An9lysis; Fingorprints Taken: Nar�o6c Anetysis: ltems Fln,qe►prinfed; Lab Comments: PROPERTY rreM�� Type otLosa: pamaged Data of�oss: 3l17/2010 �oca�on�ast: rfp 51 W. 7th St. Qwner.' St, paul Fire bept Dafe Recovered: 3117/2010 �cation Recovererl: ifo 51 W. 7th St. Mode1�k; 4uantity: � SeRSt�t; Artrc�e�ypa�ttem: p{��r pr�perry I Vehicle rore1 var�e: �escription: 2007 bodge Durango Black 4dr 'fumed�n eh Tumed Over to Owner �.oCker ID�k: Lab oxams: SP8(iC;1C5C857918 H511012610 11:33 6512286255 SAINT P�UL FIRE PAGE 09115 � Pdy� / 0T 13 � Sainfi Paul Palice I�epartment �RIG��IAL OFFENS� / INCNDEN�' REP�RT Compleinf Nurr+6cr l�efe►'enco CN peie and Tlme af Report �oo��sa� 03/17/2Q 10 1�:23:0� Prlmary offense: TRAFFIC ACCIDENT-P�RSONAL INJURY V�WICLE INFORMATION (Properly) � StAlus Aascrlption License no,: $KK$44 1��e�" 2007 srar�s: pamaged ry�: Sports utility vehicle rowad: No stete: MN Lock status Yedr; �/2010 Calor j��Ck aoorsunlocked, v��N�� 1p$H848287F54217A� Doors: q. lgni6on unJOCked: MBkB: podge TrmnSmisslon: Trunls unlocked: N1ade1; pvRp,NGQ Shiff PASfNon: Keys!n vchicJe: Np M»se�� lnsurance&owrr�rinformation Vohicle eonients$drlver � IR3U1'BnCP CO,; ClTY OF 8T. PAUL �<�ys in vehrcle: No L/enhofd�r, Ownor allowed sorneon�ta Ye5 . use vshicle: Lease Company, Amount Owed: $� , Stolen Method: r�egister�d awrrer: St. Pau1 Fire Dept Thaft Coverage: DrrverS!lcense no.: Personal ptoperty In vehlcls: Venfcle J�amage DAIUTAGE Tt�Rlt"aHT FRONT AND FRaNT ENDS l7,�M#2 7ype of Lass: p,�maged oats of�oss: 3117/2010 �-ocot�on�osk ifo 51 W. 7th St. Oirmer. Fretschel,Marion l.orraine nec�Recousnea: 3117/2010 �ocar�an F?ecovered: across from 51 W. 7th St. Mode!�t; Ruentiry: '� Serial#; Article 7'ype/Item: Q�er praperty 1 Vehicle �or�i veiue: aescription; 2�00 dodge Stratus 4dr.tan ' �'umed m er. Impaund lot Lacker ID#: Leb exams: Spgg�.9(',5C857918