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97-67�����E�;��� Presented By Referred To 1 2 3 4 5 6 7 8 Council File � \� `�'� Green Sheet # 3113� RESOLVED, that upon execution and delivery of a release, in full, to the City of St. Paul, the proper City officers are hereby authorized and directed to pay out of the Tort Liability Fund, 0907-0511, to Patricia McBeath and Stuart McBeath and Sieben, Polk, Laverdiere, Jones & Hawn, their attorneys, the sum of $17,500.00 in full settlement of their claims for damages arising out of a motor vehicle accident with a city vehicle at or near Leacington Avenue and University Avenue on July 21, 1994. Requested by Department of: City Attorne By: Approved by Mayor: Date s /� (G ��rGL� By: (l.;.r�--�— .!j . i--a-�--.. Form Approved by City Attorney $ � � . ,--�...... Ar� oved by Mayor for Submission to Council By: ' " �- � C�'�^"'�J RESOLUTION CITY OF SAINT PAUL, MINNESOTA � Adopted by Council: Date� ,��\qq� Adoption Certified by Counc'1 Secretary qZ bZ DEPARTMENT/OFFICE/COUNCIL DATE INRIATED O c�t Attorney Ol/14/97 GREEN SHEE N_ 31 138 CANTACTPERSONBPMONE ODEPqRTMENTDiRECfOR �CITYCOUNqL INITIAIJDATE Theodore D. Leon, 266-8747 ���N �CITYATTORNEY �c NUNBERFOR MUSTBE ON CAUNCILAGENDA BV (DATE) ROUTING � BUIX'aET DIRECTOR � F ORDEX � MqyOR (Ofl ASSIS O TOTAL # OF SIGNATURE PAGES � (CLIP ALL LOCATIONS FOR SIGNATURE) ACfIpN REQUESTED: �/ �� 1 f Approval of resolution settling the claim against the City of St. Paul by Patricia McBeath and Stuart McBeath for $17,500.00. RECAMMENDATIONS: Mprove (A) ar Reject (R) PERSONAL SERVICE CONTRACTS MUST ANSWER TXE FOLLOWING �UESTIONS: _ PLANNING CqMMISSiON . _ C4VIL SERVICE COMMISStON �� Has this person/firm e�er worketl under a contrac[ for this departmen[? � _ q6 CoMMITfEE _ YES NO _ STAFF 2: Has this person/firm ever been a city employee? — YES NO _ DIS7RIC7 COUR7 _ 3. Does this erson/Firm ossess a skill not normall p p y possessed by any current ciry employee? SUPPORTSWHICHCAUNqL�&IECTIVE? � YES NO Explain all yes answers on separete sheet antl attach to green shcet INITIATING PROBLEM. ISSUE, OPPORTUNITV (Who. Whet, When, Where. NTy): On July 21, 1994, plaintiPf Patricia McBeath, a Yifty eight year old woman, was stopped on southbound Lexington Avenue near Aurora Avenue to make a U-Turn when she was rear-ended by an NSP truck driven by defendant William Schoenberg. The NSP truck was then rear-ende& by a police squad car,owned by the City of St. Paul and driven by defendant Officer Francis Zaruba,which caused the NSP truck to again strike plaintiff's vehicle. The witnesses testified . ADVANTAGESIFSiq�OYFA:ar force 11 Officer Zaruba testified that he was traveling behind the NSP truck when he saw it begin to brake. Zaruba immediately applied his brakes but was unable to stop before striking the NSP vehicle. The forae of the collision was sufficient for the airbags to deploy in Zaruba�s squad. DISAWANTAGES IF'APPRO ' neck and shoulder pain. Durinq the next several months, Mrs. McBeath's condition deteriorated and she began having loss of sensation and strength in her right arm. These symptoms,affected her ability to manipulate objects as well as affecting her penmanship. She saw several neurologists who identified her condition as related to the car accident. These neurologists recommended a cervical laminectomy and fusion surgery be performed. DISADVANTAGESIFNOTAP e en an s a an Independen Me ical Examina ion performed on Mrs. McBeath by an orthopedic'surgeon. That doctor concurred with Mrs. McBeath's treating physicians that her current symptoms were related to the car accident.'The doctor also aqreed that Mrs. McBeath was highly likely to require fusion surgery in the future as a esu�t of he�r,,�njury. The cost of such a procedure �„ f, r,-�� ��.- 'c���4:�� i.s��G��v �.aa�.F':� ����� i � ���� TOTALAMOUNTOFTRANSACTION $ �-7 SOO.00 COST/REVENUEBUDGETED(CIfiCLEONE) YES NO FUNDINGSOURCE Tort L].a}.�111'ty � V �ACTIVITVNUMBER 090�0 FINqNCIAL INFORMATION: (EXPLAIN) � �� �� is approximately $35,000.00. To date, Mrs. McBeath has incurred roughly $8,000.00 in medical bills. Mrs. McBeath's husband, Stuart McBeath, brought his own claim for loss of consortium, alleginq that her injuries had affected the quality of their marital relationship: On January 9, 1997, all parties met for court-ordered mediation, during which the parties agreed to a proposed settlement, subjeet to City Council approval, of all of the McBeaths' claims, for a total payment of $55,000.00 with $17,500.00 to be paid by the City of St. Paul and $37,500.00 to be paid by NSP. Given the liability issues and the extent of Mrs. McBeath's injuries, this office recommends settlement of this matter in the amount of $17,500.00. �����E�;��� Presented By Referred To 1 2 3 4 5 6 7 8 Council File � \� `�'� Green Sheet # 3113� RESOLVED, that upon execution and delivery of a release, in full, to the City of St. Paul, the proper City officers are hereby authorized and directed to pay out of the Tort Liability Fund, 0907-0511, to Patricia McBeath and Stuart McBeath and Sieben, Polk, Laverdiere, Jones & Hawn, their attorneys, the sum of $17,500.00 in full settlement of their claims for damages arising out of a motor vehicle accident with a city vehicle at or near Leacington Avenue and University Avenue on July 21, 1994. Requested by Department of: City Attorne By: Approved by Mayor: Date s /� (G ��rGL� By: (l.;.r�--�— .!j . i--a-�--.. Form Approved by City Attorney $ � � . ,--�...... Ar� oved by Mayor for Submission to Council By: ' " �- � C�'�^"'�J RESOLUTION CITY OF SAINT PAUL, MINNESOTA � Adopted by Council: Date� ,��\qq� Adoption Certified by Counc'1 Secretary qZ bZ DEPARTMENT/OFFICE/COUNCIL DATE INRIATED O c�t Attorney Ol/14/97 GREEN SHEE N_ 31 138 CANTACTPERSONBPMONE ODEPqRTMENTDiRECfOR �CITYCOUNqL INITIAIJDATE Theodore D. Leon, 266-8747 ���N �CITYATTORNEY �c NUNBERFOR MUSTBE ON CAUNCILAGENDA BV (DATE) ROUTING � BUIX'aET DIRECTOR � F ORDEX � MqyOR (Ofl ASSIS O TOTAL # OF SIGNATURE PAGES � (CLIP ALL LOCATIONS FOR SIGNATURE) ACfIpN REQUESTED: �/ �� 1 f Approval of resolution settling the claim against the City of St. Paul by Patricia McBeath and Stuart McBeath for $17,500.00. RECAMMENDATIONS: Mprove (A) ar Reject (R) PERSONAL SERVICE CONTRACTS MUST ANSWER TXE FOLLOWING �UESTIONS: _ PLANNING CqMMISSiON . _ C4VIL SERVICE COMMISStON �� Has this person/firm e�er worketl under a contrac[ for this departmen[? � _ q6 CoMMITfEE _ YES NO _ STAFF 2: Has this person/firm ever been a city employee? — YES NO _ DIS7RIC7 COUR7 _ 3. Does this erson/Firm ossess a skill not normall p p y possessed by any current ciry employee? SUPPORTSWHICHCAUNqL�&IECTIVE? � YES NO Explain all yes answers on separete sheet antl attach to green shcet INITIATING PROBLEM. ISSUE, OPPORTUNITV (Who. Whet, When, Where. NTy): On July 21, 1994, plaintiPf Patricia McBeath, a Yifty eight year old woman, was stopped on southbound Lexington Avenue near Aurora Avenue to make a U-Turn when she was rear-ended by an NSP truck driven by defendant William Schoenberg. The NSP truck was then rear-ende& by a police squad car,owned by the City of St. Paul and driven by defendant Officer Francis Zaruba,which caused the NSP truck to again strike plaintiff's vehicle. The witnesses testified . ADVANTAGESIFSiq�OYFA:ar force 11 Officer Zaruba testified that he was traveling behind the NSP truck when he saw it begin to brake. Zaruba immediately applied his brakes but was unable to stop before striking the NSP vehicle. The forae of the collision was sufficient for the airbags to deploy in Zaruba�s squad. DISAWANTAGES IF'APPRO ' neck and shoulder pain. Durinq the next several months, Mrs. McBeath's condition deteriorated and she began having loss of sensation and strength in her right arm. These symptoms,affected her ability to manipulate objects as well as affecting her penmanship. She saw several neurologists who identified her condition as related to the car accident. These neurologists recommended a cervical laminectomy and fusion surgery be performed. DISADVANTAGESIFNOTAP e en an s a an Independen Me ical Examina ion performed on Mrs. McBeath by an orthopedic'surgeon. That doctor concurred with Mrs. McBeath's treating physicians that her current symptoms were related to the car accident.'The doctor also aqreed that Mrs. McBeath was highly likely to require fusion surgery in the future as a esu�t of he�r,,�njury. The cost of such a procedure �„ f, r,-�� ��.- 'c���4:�� i.s��G��v �.aa�.F':� ����� i � ���� TOTALAMOUNTOFTRANSACTION $ �-7 SOO.00 COST/REVENUEBUDGETED(CIfiCLEONE) YES NO FUNDINGSOURCE Tort L].a}.�111'ty � V �ACTIVITVNUMBER 090�0 FINqNCIAL INFORMATION: (EXPLAIN) � �� �� is approximately $35,000.00. To date, Mrs. McBeath has incurred roughly $8,000.00 in medical bills. Mrs. McBeath's husband, Stuart McBeath, brought his own claim for loss of consortium, alleginq that her injuries had affected the quality of their marital relationship: On January 9, 1997, all parties met for court-ordered mediation, during which the parties agreed to a proposed settlement, subjeet to City Council approval, of all of the McBeaths' claims, for a total payment of $55,000.00 with $17,500.00 to be paid by the City of St. Paul and $37,500.00 to be paid by NSP. Given the liability issues and the extent of Mrs. McBeath's injuries, this office recommends settlement of this matter in the amount of $17,500.00. �����E�;��� Presented By Referred To 1 2 3 4 5 6 7 8 Council File � \� `�'� Green Sheet # 3113� RESOLVED, that upon execution and delivery of a release, in full, to the City of St. Paul, the proper City officers are hereby authorized and directed to pay out of the Tort Liability Fund, 0907-0511, to Patricia McBeath and Stuart McBeath and Sieben, Polk, Laverdiere, Jones & Hawn, their attorneys, the sum of $17,500.00 in full settlement of their claims for damages arising out of a motor vehicle accident with a city vehicle at or near Leacington Avenue and University Avenue on July 21, 1994. Requested by Department of: City Attorne By: Approved by Mayor: Date s /� (G ��rGL� By: (l.;.r�--�— .!j . i--a-�--.. Form Approved by City Attorney $ � � . ,--�...... Ar� oved by Mayor for Submission to Council By: ' " �- � C�'�^"'�J RESOLUTION CITY OF SAINT PAUL, MINNESOTA � Adopted by Council: Date� ,��\qq� Adoption Certified by Counc'1 Secretary qZ bZ DEPARTMENT/OFFICE/COUNCIL DATE INRIATED O c�t Attorney Ol/14/97 GREEN SHEE N_ 31 138 CANTACTPERSONBPMONE ODEPqRTMENTDiRECfOR �CITYCOUNqL INITIAIJDATE Theodore D. Leon, 266-8747 ���N �CITYATTORNEY �c NUNBERFOR MUSTBE ON CAUNCILAGENDA BV (DATE) ROUTING � BUIX'aET DIRECTOR � F ORDEX � MqyOR (Ofl ASSIS O TOTAL # OF SIGNATURE PAGES � (CLIP ALL LOCATIONS FOR SIGNATURE) ACfIpN REQUESTED: �/ �� 1 f Approval of resolution settling the claim against the City of St. Paul by Patricia McBeath and Stuart McBeath for $17,500.00. RECAMMENDATIONS: Mprove (A) ar Reject (R) PERSONAL SERVICE CONTRACTS MUST ANSWER TXE FOLLOWING �UESTIONS: _ PLANNING CqMMISSiON . _ C4VIL SERVICE COMMISStON �� Has this person/firm e�er worketl under a contrac[ for this departmen[? � _ q6 CoMMITfEE _ YES NO _ STAFF 2: Has this person/firm ever been a city employee? — YES NO _ DIS7RIC7 COUR7 _ 3. Does this erson/Firm ossess a skill not normall p p y possessed by any current ciry employee? SUPPORTSWHICHCAUNqL�&IECTIVE? � YES NO Explain all yes answers on separete sheet antl attach to green shcet INITIATING PROBLEM. ISSUE, OPPORTUNITV (Who. Whet, When, Where. NTy): On July 21, 1994, plaintiPf Patricia McBeath, a Yifty eight year old woman, was stopped on southbound Lexington Avenue near Aurora Avenue to make a U-Turn when she was rear-ended by an NSP truck driven by defendant William Schoenberg. The NSP truck was then rear-ende& by a police squad car,owned by the City of St. Paul and driven by defendant Officer Francis Zaruba,which caused the NSP truck to again strike plaintiff's vehicle. The witnesses testified . ADVANTAGESIFSiq�OYFA:ar force 11 Officer Zaruba testified that he was traveling behind the NSP truck when he saw it begin to brake. Zaruba immediately applied his brakes but was unable to stop before striking the NSP vehicle. The forae of the collision was sufficient for the airbags to deploy in Zaruba�s squad. DISAWANTAGES IF'APPRO ' neck and shoulder pain. Durinq the next several months, Mrs. McBeath's condition deteriorated and she began having loss of sensation and strength in her right arm. These symptoms,affected her ability to manipulate objects as well as affecting her penmanship. She saw several neurologists who identified her condition as related to the car accident. These neurologists recommended a cervical laminectomy and fusion surgery be performed. DISADVANTAGESIFNOTAP e en an s a an Independen Me ical Examina ion performed on Mrs. McBeath by an orthopedic'surgeon. That doctor concurred with Mrs. McBeath's treating physicians that her current symptoms were related to the car accident.'The doctor also aqreed that Mrs. McBeath was highly likely to require fusion surgery in the future as a esu�t of he�r,,�njury. The cost of such a procedure �„ f, r,-�� ��.- 'c���4:�� i.s��G��v �.aa�.F':� ����� i � ���� TOTALAMOUNTOFTRANSACTION $ �-7 SOO.00 COST/REVENUEBUDGETED(CIfiCLEONE) YES NO FUNDINGSOURCE Tort L].a}.�111'ty � V �ACTIVITVNUMBER 090�0 FINqNCIAL INFORMATION: (EXPLAIN) � �� �� is approximately $35,000.00. To date, Mrs. McBeath has incurred roughly $8,000.00 in medical bills. Mrs. McBeath's husband, Stuart McBeath, brought his own claim for loss of consortium, alleginq that her injuries had affected the quality of their marital relationship: On January 9, 1997, all parties met for court-ordered mediation, during which the parties agreed to a proposed settlement, subjeet to City Council approval, of all of the McBeaths' claims, for a total payment of $55,000.00 with $17,500.00 to be paid by the City of St. Paul and $37,500.00 to be paid by NSP. Given the liability issues and the extent of Mrs. McBeath's injuries, this office recommends settlement of this matter in the amount of $17,500.00.