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97-607J�'m� J �c�SJ�� ,- - '� � � C Presented By Referred To 1 2 3 4 5 6 7 8 9 10 Committee: Date RESOLVED, that upon execution and delivery of a release in full to the City of St. Paul, the proper City officers aze hereby authorized and directed to pay out of the Tort Liability Fund 09070-511 to James Wilder and David O'Connor, Esq., his attorney, the sum of $10,000.00 in full settlement of his claim for damages arising out of an occurence on March 6, 1995 in the city of St. Paul /5. Adopted by Council: Date 'V \ � �j� Adoption Certified by Council 5e etary BY: -��� �a ,�,�..� _ Approved by Mayor: Date 4(�fF7— By: �' ,� Council File � 92�� / Green Sheet # 31143 RESOLUTION OF SAI�1I,L�P�kUL, MINNESOTA Requested by Department of: City Attorney Form Counci �� ` /����L2�� &y _� ___ _... . q � V � t � �. , - - �Q7 7 7 DEPAFiMENT/OFFICFICOUNGIL DATE INITIATED � � � c�t Attorney S off��e 5/19l97 GREEN SHEE �- 3 143 CONTACT PERS�N & PHONE �NIiIAUDATE INfTIAVDA'fE � DEPAflTMENi DIpECTOR � CfiY CAUNdL James R.X. Jex'Skey, 266-8757 ASSIQN �CMATTOi1NEY �crtvc�wc MUST BE ON CAUNCiL AGEN�A BY (L1AiE) NUYBER FOR O��� wpECT�R � FIN. & A7GL SEFVICE$ DIR ROUfINC OPDER tf ypYOR IOR ASSISTANn � - iJ TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) ACfION REWESIEO: Approval of resolution settling claim of James Wilder against the City of St. Paul for $10,000.00. qECOMMENOA710N5: Approva (A) or Reject (R} pEHSONAL SEflVICE CONTRACTS MUST ANSWER SHE FOLLOWING QUESTONS: _ PLANNWo CAMMISSION — HWIrBF�I�fAMMiSSqN ti. Has N5 pefSOnTfin evef Worked untlN a coMrac[ for thi5 depariment? - FiCL� YES NO p � r.n (�,, pp � _CIBCOMMfTTEE _ L�i$i��:� ���rwL.'.ie+tt 6i�7�i6t'� ` SiA� Z. Has this personmrm ever been a city empioyee? YES NO _ oiSiR�C7COURT ��- 3. Does this personHirm posse5s a skill not normally possessed by any�'�ftEiltlfMemfofa0Be1 SUPPORTSWHIGHCqUNCILO&IECfIVE? YES NO ��ti1 !+"1 1J.71 A�}` �,a�'� .r',f���` Explain all yes answers on separate sheet and attach to green sheet INITWTING PflOBLEM, ISSUE, OPPpRI'UNITV (VJho. Whaq When, Where. Why�: _ - -- -- ---� On Marph 6, 1945, police were called to 444 Lafayette Road in St. Paul on the report of an assault. St. Paul police officer Arturo Dearo was dispatched to investigate. As he arrived at the scene Dearo observed an adult male matching the description of the suspect, walking with both hands in his pockets. The officer ordered the suspect, later identified as the plaintiff, James Wilder, to stop and place his hands on top of his head. After a brief investigation deternuned that he was not the suspect, Wilder was released. ADVAMAGES iF E � d er rought his action against the City of St. Paul in Ramsey County District Court, alleging that his left azrn was broken when Oflicer Dearo negligently used excessive force in forcing him to place his congenitally deformed left arm on top of his head. The plaintiff submitted medicai records in support of this claim. The City denied Wilder's claim and asserted various defenses in its answer to Wilder's comglaint. An independent medicai examination of the plaintiff performed at the City's request confirmed that DISA�VANTAG s e a.rm was m�ur unng t e ne etent�on. owever, t e p ysic�an w o pe orme the exam concluded that the plaintiff's left arm had been sprained; not fractured. In addiuon to objective medical evidence, Wilder testified that he specifically told the officer that he could not raise his deformed arm above his head. Officer Dearo had difficulty remembering the incident and was uncertain about some material facts from the night in question. However, he testified that Wilder never told him about the defornuty and that he did not notice it during the stop. oisnnv�wrac Wilder's arm was deformed. In the lawsuit, Wilder claims he suffered permanent injury as a result of the stop. He claims to no longer be able to handle certaui objects with his left hand and will ultimately have to undergo surgery. At a court-ordered mediation, the plaintiff demanded $75,000.00 to settle this claim, which inciuded past and future maiical �pences, as well as loss of income for the period of tnne in which it took the laintiff to recover from his in'u . TOTAL AMOUNT OF TRANSACTION $ �- O, O O O. O O COSi/REVENUE BUDGETED (CIRCLE ONE) YES NO FUNOIHCaSOURCE Tort Liability ACTIVITYNUMBER � FINANCIAL INfORMATION: (E%PLAIN) < �'� -��7 Our office has entered into a settlement agreement with the plaintiff for the sum of $10,000.00 in exchange for a release for all claims against the defendant. Based on the above strengths and weakness of this case, it is our recommendation that this settlement be approved. J�'m� J �c�SJ�� ,- - '� � � C Presented By Referred To 1 2 3 4 5 6 7 8 9 10 Committee: Date RESOLVED, that upon execution and delivery of a release in full to the City of St. Paul, the proper City officers aze hereby authorized and directed to pay out of the Tort Liability Fund 09070-511 to James Wilder and David O'Connor, Esq., his attorney, the sum of $10,000.00 in full settlement of his claim for damages arising out of an occurence on March 6, 1995 in the city of St. Paul /5. Adopted by Council: Date 'V \ � �j� Adoption Certified by Council 5e etary BY: -��� �a ,�,�..� _ Approved by Mayor: Date 4(�fF7— By: �' ,� Council File � 92�� / Green Sheet # 31143 RESOLUTION OF SAI�1I,L�P�kUL, MINNESOTA Requested by Department of: City Attorney Form Counci �� ` /����L2�� &y _� ___ _... . q � V � t � �. , - - �Q7 7 7 DEPAFiMENT/OFFICFICOUNGIL DATE INITIATED � � � c�t Attorney S off��e 5/19l97 GREEN SHEE �- 3 143 CONTACT PERS�N & PHONE �NIiIAUDATE INfTIAVDA'fE � DEPAflTMENi DIpECTOR � CfiY CAUNdL James R.X. Jex'Skey, 266-8757 ASSIQN �CMATTOi1NEY �crtvc�wc MUST BE ON CAUNCiL AGEN�A BY (L1AiE) NUYBER FOR O��� wpECT�R � FIN. & A7GL SEFVICE$ DIR ROUfINC OPDER tf ypYOR IOR ASSISTANn � - iJ TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) ACfION REWESIEO: Approval of resolution settling claim of James Wilder against the City of St. Paul for $10,000.00. qECOMMENOA710N5: Approva (A) or Reject (R} pEHSONAL SEflVICE CONTRACTS MUST ANSWER SHE FOLLOWING QUESTONS: _ PLANNWo CAMMISSION — HWIrBF�I�fAMMiSSqN ti. Has N5 pefSOnTfin evef Worked untlN a coMrac[ for thi5 depariment? - FiCL� YES NO p � r.n (�,, pp � _CIBCOMMfTTEE _ L�i$i��:� ���rwL.'.ie+tt 6i�7�i6t'� ` SiA� Z. Has this personmrm ever been a city empioyee? YES NO _ oiSiR�C7COURT ��- 3. Does this personHirm posse5s a skill not normally possessed by any�'�ftEiltlfMemfofa0Be1 SUPPORTSWHIGHCqUNCILO&IECfIVE? YES NO ��ti1 !+"1 1J.71 A�}` �,a�'� .r',f���` Explain all yes answers on separate sheet and attach to green sheet INITWTING PflOBLEM, ISSUE, OPPpRI'UNITV (VJho. Whaq When, Where. Why�: _ - -- -- ---� On Marph 6, 1945, police were called to 444 Lafayette Road in St. Paul on the report of an assault. St. Paul police officer Arturo Dearo was dispatched to investigate. As he arrived at the scene Dearo observed an adult male matching the description of the suspect, walking with both hands in his pockets. The officer ordered the suspect, later identified as the plaintiff, James Wilder, to stop and place his hands on top of his head. After a brief investigation deternuned that he was not the suspect, Wilder was released. ADVAMAGES iF E � d er rought his action against the City of St. Paul in Ramsey County District Court, alleging that his left azrn was broken when Oflicer Dearo negligently used excessive force in forcing him to place his congenitally deformed left arm on top of his head. The plaintiff submitted medicai records in support of this claim. The City denied Wilder's claim and asserted various defenses in its answer to Wilder's comglaint. An independent medicai examination of the plaintiff performed at the City's request confirmed that DISA�VANTAG s e a.rm was m�ur unng t e ne etent�on. owever, t e p ysic�an w o pe orme the exam concluded that the plaintiff's left arm had been sprained; not fractured. In addiuon to objective medical evidence, Wilder testified that he specifically told the officer that he could not raise his deformed arm above his head. Officer Dearo had difficulty remembering the incident and was uncertain about some material facts from the night in question. However, he testified that Wilder never told him about the defornuty and that he did not notice it during the stop. oisnnv�wrac Wilder's arm was deformed. In the lawsuit, Wilder claims he suffered permanent injury as a result of the stop. He claims to no longer be able to handle certaui objects with his left hand and will ultimately have to undergo surgery. At a court-ordered mediation, the plaintiff demanded $75,000.00 to settle this claim, which inciuded past and future maiical �pences, as well as loss of income for the period of tnne in which it took the laintiff to recover from his in'u . TOTAL AMOUNT OF TRANSACTION $ �- O, O O O. O O COSi/REVENUE BUDGETED (CIRCLE ONE) YES NO FUNOIHCaSOURCE Tort Liability ACTIVITYNUMBER � FINANCIAL INfORMATION: (E%PLAIN) < �'� -��7 Our office has entered into a settlement agreement with the plaintiff for the sum of $10,000.00 in exchange for a release for all claims against the defendant. Based on the above strengths and weakness of this case, it is our recommendation that this settlement be approved. J�'m� J �c�SJ�� ,- - '� � � C Presented By Referred To 1 2 3 4 5 6 7 8 9 10 Committee: Date RESOLVED, that upon execution and delivery of a release in full to the City of St. Paul, the proper City officers aze hereby authorized and directed to pay out of the Tort Liability Fund 09070-511 to James Wilder and David O'Connor, Esq., his attorney, the sum of $10,000.00 in full settlement of his claim for damages arising out of an occurence on March 6, 1995 in the city of St. Paul /5. Adopted by Council: Date 'V \ � �j� Adoption Certified by Council 5e etary BY: -��� �a ,�,�..� _ Approved by Mayor: Date 4(�fF7— By: �' ,� Council File � 92�� / Green Sheet # 31143 RESOLUTION OF SAI�1I,L�P�kUL, MINNESOTA Requested by Department of: City Attorney Form Counci �� ` /����L2�� &y _� ___ _... . q � V � t � �. , - - �Q7 7 7 DEPAFiMENT/OFFICFICOUNGIL DATE INITIATED � � � c�t Attorney S off��e 5/19l97 GREEN SHEE �- 3 143 CONTACT PERS�N & PHONE �NIiIAUDATE INfTIAVDA'fE � DEPAflTMENi DIpECTOR � CfiY CAUNdL James R.X. Jex'Skey, 266-8757 ASSIQN �CMATTOi1NEY �crtvc�wc MUST BE ON CAUNCiL AGEN�A BY (L1AiE) NUYBER FOR O��� wpECT�R � FIN. & A7GL SEFVICE$ DIR ROUfINC OPDER tf ypYOR IOR ASSISTANn � - iJ TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) ACfION REWESIEO: Approval of resolution settling claim of James Wilder against the City of St. Paul for $10,000.00. qECOMMENOA710N5: Approva (A) or Reject (R} pEHSONAL SEflVICE CONTRACTS MUST ANSWER SHE FOLLOWING QUESTONS: _ PLANNWo CAMMISSION — HWIrBF�I�fAMMiSSqN ti. Has N5 pefSOnTfin evef Worked untlN a coMrac[ for thi5 depariment? - FiCL� YES NO p � r.n (�,, pp � _CIBCOMMfTTEE _ L�i$i��:� ���rwL.'.ie+tt 6i�7�i6t'� ` SiA� Z. Has this personmrm ever been a city empioyee? YES NO _ oiSiR�C7COURT ��- 3. Does this personHirm posse5s a skill not normally possessed by any�'�ftEiltlfMemfofa0Be1 SUPPORTSWHIGHCqUNCILO&IECfIVE? YES NO ��ti1 !+"1 1J.71 A�}` �,a�'� .r',f���` Explain all yes answers on separate sheet and attach to green sheet INITWTING PflOBLEM, ISSUE, OPPpRI'UNITV (VJho. Whaq When, Where. Why�: _ - -- -- ---� On Marph 6, 1945, police were called to 444 Lafayette Road in St. Paul on the report of an assault. St. Paul police officer Arturo Dearo was dispatched to investigate. As he arrived at the scene Dearo observed an adult male matching the description of the suspect, walking with both hands in his pockets. The officer ordered the suspect, later identified as the plaintiff, James Wilder, to stop and place his hands on top of his head. After a brief investigation deternuned that he was not the suspect, Wilder was released. ADVAMAGES iF E � d er rought his action against the City of St. Paul in Ramsey County District Court, alleging that his left azrn was broken when Oflicer Dearo negligently used excessive force in forcing him to place his congenitally deformed left arm on top of his head. The plaintiff submitted medicai records in support of this claim. The City denied Wilder's claim and asserted various defenses in its answer to Wilder's comglaint. An independent medicai examination of the plaintiff performed at the City's request confirmed that DISA�VANTAG s e a.rm was m�ur unng t e ne etent�on. owever, t e p ysic�an w o pe orme the exam concluded that the plaintiff's left arm had been sprained; not fractured. In addiuon to objective medical evidence, Wilder testified that he specifically told the officer that he could not raise his deformed arm above his head. Officer Dearo had difficulty remembering the incident and was uncertain about some material facts from the night in question. However, he testified that Wilder never told him about the defornuty and that he did not notice it during the stop. oisnnv�wrac Wilder's arm was deformed. In the lawsuit, Wilder claims he suffered permanent injury as a result of the stop. He claims to no longer be able to handle certaui objects with his left hand and will ultimately have to undergo surgery. At a court-ordered mediation, the plaintiff demanded $75,000.00 to settle this claim, which inciuded past and future maiical �pences, as well as loss of income for the period of tnne in which it took the laintiff to recover from his in'u . TOTAL AMOUNT OF TRANSACTION $ �- O, O O O. O O COSi/REVENUE BUDGETED (CIRCLE ONE) YES NO FUNOIHCaSOURCE Tort Liability ACTIVITYNUMBER � FINANCIAL INfORMATION: (E%PLAIN) < �'� -��7 Our office has entered into a settlement agreement with the plaintiff for the sum of $10,000.00 in exchange for a release for all claims against the defendant. Based on the above strengths and weakness of this case, it is our recommendation that this settlement be approved.