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97-324. Council File # � - 3 a � � ��� "-' Green Sheet $ 31140 RESOLUTIOPI SAINT PAUL, MINNESOTA � ��, �,; 1 , y � :�:��'_ _ t..1 S e ` . i :_ Presented Referred Committee: Date RESOLVED, that upon execution and delivery of a release, in fiill, 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 Julie Donnelly and Hvass, Weisman & King, her attorneys, the sum of $80,060.00 in full settlement of her claim for damages arising out of a velucle-pedestrian accident at or near Summit Avenue and Macalester Street, in the City of St. Paul on November 9, 1994. Requested by Department of: City Attorney sy: i AisFI`C. �, � Adopted by Council: Date 1"' „__ J„ °q �_ ,9.c�f�7 Form Approved by City Attorney �_-,�-_,-x.-�- 1 / Adoption Certified by Council Secretary gY: ��� �"►�, C BY��.�� a- - Approved by Mayor for Submission to / / Council Approved by Mayor: Date `7(Z/ �/` ,, B �� By: y � ���� Y: �. � �-� �� � � DEPARTMENT/OFFICE/COUNCIL DATEINITIATE� GREEN SHEE N� 31 140 ' Cit Attorne 3 18 97 — - , CONTACT PEXSON S PHONE Q DEPAATMENT DIRECTORNITIAUDATE � CT' COUNCIL �NITIAVC/ATE Theodore D. Leon 266-8747 A��N OCINARORNEY �CIIYCLEqK MUST BE ON COUNCIL AGENDA BY (DATE) NUMBEq FON Q gUDGET DIRECTOR � PIN. & MGT. SERVICES DIR. XOUIING ORDER � MpyOR (OR ASSISTANn � TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION qEQUESTED: y �� � Approval of resolution settling the claim against the City of St. Paul by 7ulie Do . ��� .19 19�7 RECOMMENDATIONS: Apprave (A) a Reject (R) pEBSONAL SERV�CE CONTqACTS MUST ANSWEH THE FOLLOWIN -� IeN9l _ PLANNING COMMISSION _ CIVIL SERVICE CAMMISSION �� Has this person/Firm ever worketl untler a contrect for this departmeM� 3 i�'• � t%' ':�i _CIBGOMMffTEE YES NO _ S7AFF 2. Has tfiis personlfirm ever been a city employee? — YES NO _ DISTRiCT COURT — 3. Does this pef5on/FiRn pos5ess a skili not normally po55e5setl by any current city employee? SUPPOPTSWHICHCOUNqLO&fEC57VE? VES NO Erzplain all yas answers on seperate sheet and attach to green sheet INITIATING PROBLEM. ISSUE, OPP�RTUNITY (Who, Whe1, When. Where, Why�: On November 9, 1994, Plaintiff'7ulie Donnelly was a riventy year oid Macalester student who was attempting to cross Summit Avenue in the crosswalk of an uncontrolled intersection. Public Works employee James Zieba was eastbound on Smnmit and slammed on his brakes when he saw Donnelly in the crosswatk. The sideview mirror on Zieba's truck hit plaintiff on the left temple throwing her to the ground. i' lo k in both directions before Ao,�ANTA�ES � v uring into the crosswalk. However, at her deposition she claimed that she was stunned and disoriented when talldng Co the officer and that her recollection was that she looked both directions, then stepped offthe curb and waited for traffc to pass before continuing across when she was struck by the Ciry vehicle. At the scene Zieba reported that plaintiff ran or darted out into the street. Later Zieba testified that plaintiff simpiy watked into the crosswalk without looking in his direction. Plaintiff was transported to the emergency room where a lacerarion on her head was closed with stitches. She was dischazged and spent the ne�rt several days in bed. Within a week she had DISADVANTAGE r� severe es ong wi a en aat ess, t sensi vi , an cu re mg an concentrating. PLvrrtiffwas examined by a neurologist and had an EEG performed which was read as abnormal and indicative of a brain dysfunction caused by trauma. Plaintiff also had an MRI of the brain which showed two lesions which could have been caused by trauma. --- ---- --Appro�mately s'vc months post accident Dr. Krasnow perFormed an independent medical examination of plaintiff. Dr. Krasnow concluded that plaintiff was suffering from post-traumaric DISAOVANT . � Plaintiffcontinued to complain of cognirive difficulties and these complaints were confirmed by her deteriorating perforn�ance at college and the necessity of hiring a reader and note taker to help with her school work. Eventually, plaintiff returned to Massachusetts to live with her parents and seek additional ueatment. She was seen by a number of specialists including a neuropsychologist who did extensive testing and concluded that she had suffered a mild traumatic brain injury causing TOTAL AMOUNT OF TRANSACTION S 8O , O OO , O O COST/REVEfJUE BUDGE7ED (CIRCLE ONE) Q NO FUNDIH(iSOURCE Tort Liability qCSIV1SYNUMBER 09070 FINANCIAL INFORMATION: (EXPLAIN) `� \\�O °� 3Z� cognitive deficits including impaired concentration and memory. Her neuropsychologist concluded that plainti� a nationai merit scholar, would have extreme difficulty with further college level studies. Plaintiffs expert concluded that her cunent condition was directly caused by the accident of November 9. 1994. The parties engaged in court ordered mediation on February 21, 1997. On that date the parties agreed to a proposed settlement ofplaintiff's claims for a totai payment of $50,000.00 by the City of St. Paul, which includes settlement of plaintiff's no-fault wage loss. The City also agrees to pay reasonable medicai costs up to $20,000.00, as required under the no-fault act. Criven the liability issues and, in particulaz, the nature and extem of plainti�s injuries, this office recommends settlement of this matter in the amount of $80,000.00. . Council File # � - 3 a � � ��� "-' Green Sheet $ 31140 RESOLUTIOPI SAINT PAUL, MINNESOTA � ��, �,; 1 , y � :�:��'_ _ t..1 S e ` . i :_ Presented Referred Committee: Date RESOLVED, that upon execution and delivery of a release, in fiill, 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 Julie Donnelly and Hvass, Weisman & King, her attorneys, the sum of $80,060.00 in full settlement of her claim for damages arising out of a velucle-pedestrian accident at or near Summit Avenue and Macalester Street, in the City of St. Paul on November 9, 1994. Requested by Department of: City Attorney sy: i AisFI`C. �, � Adopted by Council: Date 1"' „__ J„ °q �_ ,9.c�f�7 Form Approved by City Attorney �_-,�-_,-x.-�- 1 / Adoption Certified by Council Secretary gY: ��� �"►�, C BY��.�� a- - Approved by Mayor for Submission to / / Council Approved by Mayor: Date `7(Z/ �/` ,, B �� By: y � ���� Y: �. � �-� �� � � DEPARTMENT/OFFICE/COUNCIL DATEINITIATE� GREEN SHEE N� 31 140 ' Cit Attorne 3 18 97 — - , CONTACT PEXSON S PHONE Q DEPAATMENT DIRECTORNITIAUDATE � CT' COUNCIL �NITIAVC/ATE Theodore D. Leon 266-8747 A��N OCINARORNEY �CIIYCLEqK MUST BE ON COUNCIL AGENDA BY (DATE) NUMBEq FON Q gUDGET DIRECTOR � PIN. & MGT. SERVICES DIR. XOUIING ORDER � MpyOR (OR ASSISTANn � TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION qEQUESTED: y �� � Approval of resolution settling the claim against the City of St. Paul by 7ulie Do . ��� .19 19�7 RECOMMENDATIONS: Apprave (A) a Reject (R) pEBSONAL SERV�CE CONTqACTS MUST ANSWEH THE FOLLOWIN -� IeN9l _ PLANNING COMMISSION _ CIVIL SERVICE CAMMISSION �� Has this person/Firm ever worketl untler a contrect for this departmeM� 3 i�'• � t%' ':�i _CIBGOMMffTEE YES NO _ S7AFF 2. Has tfiis personlfirm ever been a city employee? — YES NO _ DISTRiCT COURT — 3. Does this pef5on/FiRn pos5ess a skili not normally po55e5setl by any current city employee? SUPPOPTSWHICHCOUNqLO&fEC57VE? VES NO Erzplain all yas answers on seperate sheet and attach to green sheet INITIATING PROBLEM. ISSUE, OPP�RTUNITY (Who, Whe1, When. Where, Why�: On November 9, 1994, Plaintiff'7ulie Donnelly was a riventy year oid Macalester student who was attempting to cross Summit Avenue in the crosswalk of an uncontrolled intersection. Public Works employee James Zieba was eastbound on Smnmit and slammed on his brakes when he saw Donnelly in the crosswatk. The sideview mirror on Zieba's truck hit plaintiff on the left temple throwing her to the ground. i' lo k in both directions before Ao,�ANTA�ES � v uring into the crosswalk. However, at her deposition she claimed that she was stunned and disoriented when talldng Co the officer and that her recollection was that she looked both directions, then stepped offthe curb and waited for traffc to pass before continuing across when she was struck by the Ciry vehicle. At the scene Zieba reported that plaintiff ran or darted out into the street. Later Zieba testified that plaintiff simpiy watked into the crosswalk without looking in his direction. Plaintiff was transported to the emergency room where a lacerarion on her head was closed with stitches. She was dischazged and spent the ne�rt several days in bed. Within a week she had DISADVANTAGE r� severe es ong wi a en aat ess, t sensi vi , an cu re mg an concentrating. PLvrrtiffwas examined by a neurologist and had an EEG performed which was read as abnormal and indicative of a brain dysfunction caused by trauma. Plaintiff also had an MRI of the brain which showed two lesions which could have been caused by trauma. --- ---- --Appro�mately s'vc months post accident Dr. Krasnow perFormed an independent medical examination of plaintiff. Dr. Krasnow concluded that plaintiff was suffering from post-traumaric DISAOVANT . � Plaintiffcontinued to complain of cognirive difficulties and these complaints were confirmed by her deteriorating perforn�ance at college and the necessity of hiring a reader and note taker to help with her school work. Eventually, plaintiff returned to Massachusetts to live with her parents and seek additional ueatment. She was seen by a number of specialists including a neuropsychologist who did extensive testing and concluded that she had suffered a mild traumatic brain injury causing TOTAL AMOUNT OF TRANSACTION S 8O , O OO , O O COST/REVEfJUE BUDGE7ED (CIRCLE ONE) Q NO FUNDIH(iSOURCE Tort Liability qCSIV1SYNUMBER 09070 FINANCIAL INFORMATION: (EXPLAIN) `� \\�O °� 3Z� cognitive deficits including impaired concentration and memory. Her neuropsychologist concluded that plainti� a nationai merit scholar, would have extreme difficulty with further college level studies. Plaintiffs expert concluded that her cunent condition was directly caused by the accident of November 9. 1994. The parties engaged in court ordered mediation on February 21, 1997. On that date the parties agreed to a proposed settlement ofplaintiff's claims for a totai payment of $50,000.00 by the City of St. Paul, which includes settlement of plaintiff's no-fault wage loss. The City also agrees to pay reasonable medicai costs up to $20,000.00, as required under the no-fault act. Criven the liability issues and, in particulaz, the nature and extem of plainti�s injuries, this office recommends settlement of this matter in the amount of $80,000.00. . Council File # � - 3 a � � ��� "-' Green Sheet $ 31140 RESOLUTIOPI SAINT PAUL, MINNESOTA � ��, �,; 1 , y � :�:��'_ _ t..1 S e ` . i :_ Presented Referred Committee: Date RESOLVED, that upon execution and delivery of a release, in fiill, 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 Julie Donnelly and Hvass, Weisman & King, her attorneys, the sum of $80,060.00 in full settlement of her claim for damages arising out of a velucle-pedestrian accident at or near Summit Avenue and Macalester Street, in the City of St. Paul on November 9, 1994. Requested by Department of: City Attorney sy: i AisFI`C. �, � Adopted by Council: Date 1"' „__ J„ °q �_ ,9.c�f�7 Form Approved by City Attorney �_-,�-_,-x.-�- 1 / Adoption Certified by Council Secretary gY: ��� �"►�, C BY��.�� a- - Approved by Mayor for Submission to / / Council Approved by Mayor: Date `7(Z/ �/` ,, B �� By: y � ���� Y: �. � �-� �� � � DEPARTMENT/OFFICE/COUNCIL DATEINITIATE� GREEN SHEE N� 31 140 ' Cit Attorne 3 18 97 — - , CONTACT PEXSON S PHONE Q DEPAATMENT DIRECTORNITIAUDATE � CT' COUNCIL �NITIAVC/ATE Theodore D. Leon 266-8747 A��N OCINARORNEY �CIIYCLEqK MUST BE ON COUNCIL AGENDA BY (DATE) NUMBEq FON Q gUDGET DIRECTOR � PIN. & MGT. SERVICES DIR. XOUIING ORDER � MpyOR (OR ASSISTANn � TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION qEQUESTED: y �� � Approval of resolution settling the claim against the City of St. Paul by 7ulie Do . ��� .19 19�7 RECOMMENDATIONS: Apprave (A) a Reject (R) pEBSONAL SERV�CE CONTqACTS MUST ANSWEH THE FOLLOWIN -� IeN9l _ PLANNING COMMISSION _ CIVIL SERVICE CAMMISSION �� Has this person/Firm ever worketl untler a contrect for this departmeM� 3 i�'• � t%' ':�i _CIBGOMMffTEE YES NO _ S7AFF 2. Has tfiis personlfirm ever been a city employee? — YES NO _ DISTRiCT COURT — 3. Does this pef5on/FiRn pos5ess a skili not normally po55e5setl by any current city employee? SUPPOPTSWHICHCOUNqLO&fEC57VE? VES NO Erzplain all yas answers on seperate sheet and attach to green sheet INITIATING PROBLEM. ISSUE, OPP�RTUNITY (Who, Whe1, When. Where, Why�: On November 9, 1994, Plaintiff'7ulie Donnelly was a riventy year oid Macalester student who was attempting to cross Summit Avenue in the crosswalk of an uncontrolled intersection. Public Works employee James Zieba was eastbound on Smnmit and slammed on his brakes when he saw Donnelly in the crosswatk. The sideview mirror on Zieba's truck hit plaintiff on the left temple throwing her to the ground. i' lo k in both directions before Ao,�ANTA�ES � v uring into the crosswalk. However, at her deposition she claimed that she was stunned and disoriented when talldng Co the officer and that her recollection was that she looked both directions, then stepped offthe curb and waited for traffc to pass before continuing across when she was struck by the Ciry vehicle. At the scene Zieba reported that plaintiff ran or darted out into the street. Later Zieba testified that plaintiff simpiy watked into the crosswalk without looking in his direction. Plaintiff was transported to the emergency room where a lacerarion on her head was closed with stitches. She was dischazged and spent the ne�rt several days in bed. Within a week she had DISADVANTAGE r� severe es ong wi a en aat ess, t sensi vi , an cu re mg an concentrating. PLvrrtiffwas examined by a neurologist and had an EEG performed which was read as abnormal and indicative of a brain dysfunction caused by trauma. Plaintiff also had an MRI of the brain which showed two lesions which could have been caused by trauma. --- ---- --Appro�mately s'vc months post accident Dr. Krasnow perFormed an independent medical examination of plaintiff. Dr. Krasnow concluded that plaintiff was suffering from post-traumaric DISAOVANT . � Plaintiffcontinued to complain of cognirive difficulties and these complaints were confirmed by her deteriorating perforn�ance at college and the necessity of hiring a reader and note taker to help with her school work. Eventually, plaintiff returned to Massachusetts to live with her parents and seek additional ueatment. She was seen by a number of specialists including a neuropsychologist who did extensive testing and concluded that she had suffered a mild traumatic brain injury causing TOTAL AMOUNT OF TRANSACTION S 8O , O OO , O O COST/REVEfJUE BUDGE7ED (CIRCLE ONE) Q NO FUNDIH(iSOURCE Tort Liability qCSIV1SYNUMBER 09070 FINANCIAL INFORMATION: (EXPLAIN) `� \\�O °� 3Z� cognitive deficits including impaired concentration and memory. Her neuropsychologist concluded that plainti� a nationai merit scholar, would have extreme difficulty with further college level studies. Plaintiffs expert concluded that her cunent condition was directly caused by the accident of November 9. 1994. The parties engaged in court ordered mediation on February 21, 1997. On that date the parties agreed to a proposed settlement ofplaintiff's claims for a totai payment of $50,000.00 by the City of St. Paul, which includes settlement of plaintiff's no-fault wage loss. The City also agrees to pay reasonable medicai costs up to $20,000.00, as required under the no-fault act. Criven the liability issues and, in particulaz, the nature and extem of plainti�s injuries, this office recommends settlement of this matter in the amount of $80,000.00.