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97-330. s� ' �� ' � �'° ? ��� � ,��;�' . .�n '�, Presented By Referred To 1 2 3 4 S 6 7 8 Committee: Date !3 RESOLVED, that upon execution and delivery of a release, in full, to the City of St. Paul, the proper C`ity officers are hereby authorized and d'uected to pay out of the Tort Liability Fund, 09070-OSll, to Ivette Cosme and Thuet, Pugb, Rogosheske & Atldns, Ltd, her attomeys, the sum of $5,000.00, in full settlement of her claim for damages arising out of a motor vehicle accident with a city vehicle at or near Brainerd Street and Jessie Street on September 9, 1992. Requested by Department of: City Attorney By: � +� C`�..�, Form Approved by City Attorney Adoption Certified by Council Secretary BY� �� a , v-�e.�a--� , Approved by Mayor: Date � ��� � � BYe �7 T� �� P �' � Council File � � ���¢�������� Green Sheet $ 31139 RESOLUTION OF SAINT PAUL, MINNESOTA gy: �2-�*`+ � .� Approved by Mayor for Submission to Council By: ` Adopted by Council: Date (� �a �� 9 �-�,3n DEPARIMENT/OFFICE/COUNCII DAtE �NRIATED O City Attorne � s/��/97 GREEN SHEE N- 31 139 CONTACT PERSON & PN�NE � DEPARSMENT DIAECTOANITIAL/DATE � Cm CDUNCIL INRIAUDATE Theodore D. Leon 266-8747 �x �cmnrroRNSV �CiTYIILEAK MUST BE ON CAUNCA AGENDA BY (DASE) NUNBER fOR O BUDGET DIRECTOP O FIN. & MGL SEHVICES DiR. NOVfING OROER m µAYOR (OR ASSISTANT) ' � TOTAL # OF SIGNATURE PAGES �(CLIP ALL LACATIONS POR SIGNATURE) ACf10N REQUESTED: - ' Approval of resolution settling the claim against the City of St. Paul by Ivette Cosme. RECAMMENDAnONS= Approve (A) or Reject (R� pERSOlOAL SERVECE CONTRACTS MUST ANSW ER TNE FOLLOWING �UESTONS: _ PLANNING COMMISSION _ CNII SERVIGE COMMISSION 1. Has this personlfittn ever worked under a coMract for this departmert? - , CIB COMMIT'fEE _ YES N� � � 2, Has this personttirm e�er been a city employee? — �� — . YES NO _ DiSiRICTCOURi _ 3. Does this perso�rtn possess a skill not normall � y possessed by any currem eiry emp�oyee. SUPPpRTS WF11CH COUNCIL OBJECTIVE? YES NO ExpNtn all yas answers on aeparate aheet and attaeh to green sheet INITIATING PROBLEM, ISSUE, OPPORTUNITY (NTO, Whaq When, Where, Why�: ' On September 9, 1992, Third Party defendant Holga Martinez was operating a motor vehicle westbound on Brainerd Street at Jessie Street, in St. Paul. Ms. Martinez stopped past the iatersection to ask directions from a pedestrian. At the same time Mr. Michael Dumas, a public works employee was westbound on Brainerd Street. Dumas testified that his attention was drawn by a child stepping e tu n 's at en ion to tra fic ahead of ADVANTAGESI saw Martinez' vehicle in front of him. He slammed on his brakes but was unable to stop in time and collided with Martinez� vehiale. According to Ms. Martinez, Mr. Dumas stated, upon approaching her vehicle: "I'm sorry, it was all my fault." Plaintiff Zvette Cosme was a passenger in Martinez' car and DISApVANTA6 ' accident. She was transported to the hospital but not treated at that time. Approximately.one week after the accident Cosme began treating for her back and neck pain. Ms. Cosme claims permanent injuries as a result of the accident. She has treated e�ctensively since the accident to the present date. She has accrued approximately $13,000.00 in medical e�enses. DISMVANTAGE$ lF NOT APPROVEO: Ms. Martinez had no prior history of trauma or disease to her neck or back. Her medical expert opined that her present neck pain was caused by the accident. The neurologist who performed an Independent Medical Examination for the City on Ms.Cosme agreed that the accident of September 9, 1992, had resulted in mild to moderate soft tissue injuries, although the doctor also believed the injury to be fully resolved. TOTALAMOUNTOFTflANSACTION$ S,OOO.00 COST/pEVENUEBUDGETED(CIRCLEONE) YES NO FUNDIHGS�URCE TOI'"t Liability pp71VITYNUMBER 09070 �69F . �� F�Wit� FINANCIAL MIFORMAT{ON�. (EXP4AIN) �a'i�.� �. a� �J�� 97-�30 On February 26, 1997, the parties met for court-ordered mediation. During the mediation settlement was discussed and the parties agreed to a proposed settlement of all Ms. Martinez' claims for a total payment of $10,500.00, with the City paying $5,000.00 and the insurance carrier for Holga Martinez paying $5,500.00. Given the liability issues and the e�rtent of Ms. Cosme's injuries, this office recommends settlement of this matter in the amount of $5,000.00. . s� ' �� ' � �'° ? ��� � ,��;�' . .�n '�, Presented By Referred To 1 2 3 4 S 6 7 8 Committee: Date !3 RESOLVED, that upon execution and delivery of a release, in full, to the City of St. Paul, the proper C`ity officers are hereby authorized and d'uected to pay out of the Tort Liability Fund, 09070-OSll, to Ivette Cosme and Thuet, Pugb, Rogosheske & Atldns, Ltd, her attomeys, the sum of $5,000.00, in full settlement of her claim for damages arising out of a motor vehicle accident with a city vehicle at or near Brainerd Street and Jessie Street on September 9, 1992. Requested by Department of: City Attorney By: � +� C`�..�, Form Approved by City Attorney Adoption Certified by Council Secretary BY� �� a , v-�e.�a--� , Approved by Mayor: Date � ��� � � BYe �7 T� �� P �' � Council File � � ���¢�������� Green Sheet $ 31139 RESOLUTION OF SAINT PAUL, MINNESOTA gy: �2-�*`+ � .� Approved by Mayor for Submission to Council By: ` Adopted by Council: Date (� �a �� 9 �-�,3n DEPARIMENT/OFFICE/COUNCII DAtE �NRIATED O City Attorne � s/��/97 GREEN SHEE N- 31 139 CONTACT PERSON & PN�NE � DEPARSMENT DIAECTOANITIAL/DATE � Cm CDUNCIL INRIAUDATE Theodore D. Leon 266-8747 �x �cmnrroRNSV �CiTYIILEAK MUST BE ON CAUNCA AGENDA BY (DASE) NUNBER fOR O BUDGET DIRECTOP O FIN. & MGL SEHVICES DiR. NOVfING OROER m µAYOR (OR ASSISTANT) ' � TOTAL # OF SIGNATURE PAGES �(CLIP ALL LACATIONS POR SIGNATURE) ACf10N REQUESTED: - ' Approval of resolution settling the claim against the City of St. Paul by Ivette Cosme. RECAMMENDAnONS= Approve (A) or Reject (R� pERSOlOAL SERVECE CONTRACTS MUST ANSW ER TNE FOLLOWING �UESTONS: _ PLANNING COMMISSION _ CNII SERVIGE COMMISSION 1. Has this personlfittn ever worked under a coMract for this departmert? - , CIB COMMIT'fEE _ YES N� � � 2, Has this personttirm e�er been a city employee? — �� — . YES NO _ DiSiRICTCOURi _ 3. Does this perso�rtn possess a skill not normall � y possessed by any currem eiry emp�oyee. SUPPpRTS WF11CH COUNCIL OBJECTIVE? YES NO ExpNtn all yas answers on aeparate aheet and attaeh to green sheet INITIATING PROBLEM, ISSUE, OPPORTUNITY (NTO, Whaq When, Where, Why�: ' On September 9, 1992, Third Party defendant Holga Martinez was operating a motor vehicle westbound on Brainerd Street at Jessie Street, in St. Paul. Ms. Martinez stopped past the iatersection to ask directions from a pedestrian. At the same time Mr. Michael Dumas, a public works employee was westbound on Brainerd Street. Dumas testified that his attention was drawn by a child stepping e tu n 's at en ion to tra fic ahead of ADVANTAGESI saw Martinez' vehicle in front of him. He slammed on his brakes but was unable to stop in time and collided with Martinez� vehiale. According to Ms. Martinez, Mr. Dumas stated, upon approaching her vehicle: "I'm sorry, it was all my fault." Plaintiff Zvette Cosme was a passenger in Martinez' car and DISApVANTA6 ' accident. She was transported to the hospital but not treated at that time. Approximately.one week after the accident Cosme began treating for her back and neck pain. Ms. Cosme claims permanent injuries as a result of the accident. She has treated e�ctensively since the accident to the present date. She has accrued approximately $13,000.00 in medical e�enses. DISMVANTAGE$ lF NOT APPROVEO: Ms. Martinez had no prior history of trauma or disease to her neck or back. Her medical expert opined that her present neck pain was caused by the accident. The neurologist who performed an Independent Medical Examination for the City on Ms.Cosme agreed that the accident of September 9, 1992, had resulted in mild to moderate soft tissue injuries, although the doctor also believed the injury to be fully resolved. TOTALAMOUNTOFTflANSACTION$ S,OOO.00 COST/pEVENUEBUDGETED(CIRCLEONE) YES NO FUNDIHGS�URCE TOI'"t Liability pp71VITYNUMBER 09070 �69F . �� F�Wit� FINANCIAL MIFORMAT{ON�. (EXP4AIN) �a'i�.� �. a� �J�� 97-�30 On February 26, 1997, the parties met for court-ordered mediation. During the mediation settlement was discussed and the parties agreed to a proposed settlement of all Ms. Martinez' claims for a total payment of $10,500.00, with the City paying $5,000.00 and the insurance carrier for Holga Martinez paying $5,500.00. Given the liability issues and the e�rtent of Ms. Cosme's injuries, this office recommends settlement of this matter in the amount of $5,000.00. . s� ' �� ' � �'° ? ��� � ,��;�' . .�n '�, Presented By Referred To 1 2 3 4 S 6 7 8 Committee: Date !3 RESOLVED, that upon execution and delivery of a release, in full, to the City of St. Paul, the proper C`ity officers are hereby authorized and d'uected to pay out of the Tort Liability Fund, 09070-OSll, to Ivette Cosme and Thuet, Pugb, Rogosheske & Atldns, Ltd, her attomeys, the sum of $5,000.00, in full settlement of her claim for damages arising out of a motor vehicle accident with a city vehicle at or near Brainerd Street and Jessie Street on September 9, 1992. Requested by Department of: City Attorney By: � +� C`�..�, Form Approved by City Attorney Adoption Certified by Council Secretary BY� �� a , v-�e.�a--� , Approved by Mayor: Date � ��� � � BYe �7 T� �� P �' � Council File � � ���¢�������� Green Sheet $ 31139 RESOLUTION OF SAINT PAUL, MINNESOTA gy: �2-�*`+ � .� Approved by Mayor for Submission to Council By: ` Adopted by Council: Date (� �a �� 9 �-�,3n DEPARIMENT/OFFICE/COUNCII DAtE �NRIATED O City Attorne � s/��/97 GREEN SHEE N- 31 139 CONTACT PERSON & PN�NE � DEPARSMENT DIAECTOANITIAL/DATE � Cm CDUNCIL INRIAUDATE Theodore D. Leon 266-8747 �x �cmnrroRNSV �CiTYIILEAK MUST BE ON CAUNCA AGENDA BY (DASE) NUNBER fOR O BUDGET DIRECTOP O FIN. & MGL SEHVICES DiR. NOVfING OROER m µAYOR (OR ASSISTANT) ' � TOTAL # OF SIGNATURE PAGES �(CLIP ALL LACATIONS POR SIGNATURE) ACf10N REQUESTED: - ' Approval of resolution settling the claim against the City of St. Paul by Ivette Cosme. RECAMMENDAnONS= Approve (A) or Reject (R� pERSOlOAL SERVECE CONTRACTS MUST ANSW ER TNE FOLLOWING �UESTONS: _ PLANNING COMMISSION _ CNII SERVIGE COMMISSION 1. Has this personlfittn ever worked under a coMract for this departmert? - , CIB COMMIT'fEE _ YES N� � � 2, Has this personttirm e�er been a city employee? — �� — . YES NO _ DiSiRICTCOURi _ 3. Does this perso�rtn possess a skill not normall � y possessed by any currem eiry emp�oyee. SUPPpRTS WF11CH COUNCIL OBJECTIVE? YES NO ExpNtn all yas answers on aeparate aheet and attaeh to green sheet INITIATING PROBLEM, ISSUE, OPPORTUNITY (NTO, Whaq When, Where, Why�: ' On September 9, 1992, Third Party defendant Holga Martinez was operating a motor vehicle westbound on Brainerd Street at Jessie Street, in St. Paul. Ms. Martinez stopped past the iatersection to ask directions from a pedestrian. At the same time Mr. Michael Dumas, a public works employee was westbound on Brainerd Street. Dumas testified that his attention was drawn by a child stepping e tu n 's at en ion to tra fic ahead of ADVANTAGESI saw Martinez' vehicle in front of him. He slammed on his brakes but was unable to stop in time and collided with Martinez� vehiale. According to Ms. Martinez, Mr. Dumas stated, upon approaching her vehicle: "I'm sorry, it was all my fault." Plaintiff Zvette Cosme was a passenger in Martinez' car and DISApVANTA6 ' accident. She was transported to the hospital but not treated at that time. Approximately.one week after the accident Cosme began treating for her back and neck pain. Ms. Cosme claims permanent injuries as a result of the accident. She has treated e�ctensively since the accident to the present date. She has accrued approximately $13,000.00 in medical e�enses. DISMVANTAGE$ lF NOT APPROVEO: Ms. Martinez had no prior history of trauma or disease to her neck or back. Her medical expert opined that her present neck pain was caused by the accident. The neurologist who performed an Independent Medical Examination for the City on Ms.Cosme agreed that the accident of September 9, 1992, had resulted in mild to moderate soft tissue injuries, although the doctor also believed the injury to be fully resolved. TOTALAMOUNTOFTflANSACTION$ S,OOO.00 COST/pEVENUEBUDGETED(CIRCLEONE) YES NO FUNDIHGS�URCE TOI'"t Liability pp71VITYNUMBER 09070 �69F . �� F�Wit� FINANCIAL MIFORMAT{ON�. (EXP4AIN) �a'i�.� �. a� �J�� 97-�30 On February 26, 1997, the parties met for court-ordered mediation. During the mediation settlement was discussed and the parties agreed to a proposed settlement of all Ms. Martinez' claims for a total payment of $10,500.00, with the City paying $5,000.00 and the insurance carrier for Holga Martinez paying $5,500.00. Given the liability issues and the e�rtent of Ms. Cosme's injuries, this office recommends settlement of this matter in the amount of $5,000.00.