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97-86j � � p l�� ^ �-. � � � � � Council File # °�� o �..' t :, � e.�.` S S `ti ,�s ; W° Green sheet # 25569 RESOLUTION CITY OF SAINT PAUL, MINNESOTA �� // . � . � Presented By Referred To Committee: Date 1 RESOLVED, that upon execution and delivery of a release, in full, to the City of St. 2 Paul, the proper City officers are hereby authorized and directed to pay out of the Tort 3 Liability Fund, 09070-0511, to Paul Smith and Hersch Izek, his attorney, the sum of $5,000 4 in full settlement of his claim for no-fault azising out of a motor vehicle accident with a city 5 vekricle at or neaz the intersection of Aldine and University Avenue on Mazch 17, 1994. 6 Requested by Department of: Adoption Certified by Council Secretary Hy: Approved by Mayor: Date 2//Z,/�7�— BY: � L �_ / GitV Attorney Office By: /�� (`�i Up,[ Form Approved by City Attorney Sy: f�� r-� by Mayor for Submission to $ Y� l< <�5�� Adopted by Council : Date � n�, �j ,��9 � ,� 5 � '. _ � ^ � f City Attorney ' 266-872 )ATE) TOTAL # OF SIGNATURE PAGES q�� GREEN SHEET N° 25569 INRIAL/DATE INRIAVOATE DEPARTMENT DIRE Q CITY GOUNdL CINATTOFlNEV � CINCLEflK BUDGET DIflECTOR � FIN. & MGT. SERVICES DIR. MAVOR (OR ASSI5fANn O (CLIP ALL LOCATIONS FOR SIGNATUR� iION REQUESTED: - Approval of resol,ution settling the no-fault elaim against the City of St. Paul by Paul Smith for $5,000. _ PLANNING CAMMISSION _ CIVIL SEflVICE COMMISSION _ CIB COMMITfEE _ STAFF _ _ DISTRICT CAURT _ SUPPOqTS WHICN COUNCIL OBJECTNE? � �-9�a'�� 5��£C� �Sl$�( �� i s �s�� - ----- ---� JAN Ps �f�1rF TOTAL AMOUNT OF TRANSACTION $� S, Q OO COST/REYENUE BUDGETED (CIRCLE ONE) �� 0 ' 1 q�9� � �� YES . '�7�X FUNDIfdGSOURCE `I'OY''G Tj13h1.11tV - ACTIVITYNUMBER 8,�(1'1n FINANCIAL INFORMATION: (EXPLAIN) ' ' � . PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING �UESTIONS: 1. Has this persoNflrm ever worked under a coMract for this departmen[? � - YES NO 2. Has this person/firm ever been a cily employee? YES NO 3. Does this persoiUtirm possess a slcifl not normalry possessetl by arcy currert city employee? YES NO Explafn all yes answers on saparete sheet antl attneh to green sheet T-his is a follow-up,to a resolution.�hieh was appro�zed the first week o£ , September; 19:96: The,action approued�.iwas payment o£ $5,OOC to Paul Smith. for settlement of,claims against .the Citp of Saint Paul,(for a,squad-car pedestrian collision)!3 cai.th the stipulation that Smith be permitted .to arbit�ate his buts�'andin� medical and w�ge;.;loss claims. Gopies of the green sheet and approved resolution are att,ached.. - - - -- - - --- _. .,� ,,,�� ,.,, - -� -�-----'--, �:._„ ' ��payment in:,-order to,settle his elaim 1'or both past ana s'uture no fault benefits, The-City has r�ade a counteroffer of $5,0"00, whieh.Smith aceepted. Given the'reasonable amount and the faet that Smitn is continuing to ineur;;: medical bi11s and wa�e loss,.which.he could add, to his.current demand if brought to court or arbit�ation, this office.�recommends approval. �'�• City Attorney Lisa L. Veith, 266-8723 TOTAL # OF SIGNATURE PAGES •�E IYITIATE� � /20/96 GREEN S�iEET N_ 311 3 INRIAVpATE � � b INITIAVDAT� — O DEPARTMENT DIRECTOR m GIN COUN�IL SSiGN O ptTy ATTOBNEY � CITY CLERK IUNBEN FOR 1RDER G ❑ BUOGET OIRECiOR � FIN. E MGI SERVIC D�R. O MAYOR (OR 0.S5(STAiiT) � (CLIP ALL LOCATIONS FOR SIGNATURE) Approval oP resolution settling the claim against the City of St. Paul by Paul Smith for 55,000.00. _ PL4NNING COMMISSION _ C�B CAMMfTTEE o� _ CIVILSERVICE.".�4MISSION PERSONAL SERVICE CONTRACTS MUST ANSWER iHE fOLLOWiNG �UESTIONS: 7. nas tNS perSOMirm ever worketl untler a contract for t�is tlepartment? � YES NO _ STAFF 2. r.as tnis Dersonttirm eve� 6een a city emG�oyee? — YES NO _ D�STRICT COURT _ 3. �Joes tA�s persontlirm possess a skill rot nortna�l q y possessetl by any turrent city employee. SUPPpRT51vNICN COUNCIL O&IEC'fIVE? YES Np Esplsin sll yes enswers on separate sheet and attac� to green sheet INITIAi1NG PROBLEM, ISSUE. OPPORTUNITY (W�o. Wna:. �'�en, Wnere. W'+y): The incident underlying this case occurred at about 6:00 p.m. - on March 17, 1994, at the intersection of Aldine and University in the City of St. Paul. St. Paul police officer Mark Pierce proceeded north on Aldine to University and stopped for a red light, then attempted to make a right turn. As the squad car moved forward, it struck the plaintiff, Paul Smith, who was on font Officer Pierce failed to see Smith in the crosswalk. There is no question that Smith was crossing with a green light and therefore had the right of way. Smith was employed as a manual laborer at the time of the accident, and had recently moved into St. Paul from Ohio. He claims that as a result of the accident he has suffered permanent has lost wages and the ability to work in his former occupation. The City of St. Faul paid out $13,000 in no-fault benefits to Smith until November 1994. Since that time, Smith claims he has incurred an additional $13,400 in medical expenses and $10,000 in wage loss. The IME physician hired by the City agreed that a CT scan did show disc bulging, but was of the opinion that it was not clinically significant and that there was no need for further treatment after November of 1994. A court-ordered mediation was held on 3uly 22, 1996 and Smith demanded $70,000. Eventually, an agreement was reached between the parties that Smith would dismiss the lawsuit for a payment of $5,000, and be permitted to arbitrate his outstanding medical and wage loss claims, as he is permitted to do under Minnesota law. Given the liability issues and the extent of injuries, this office recommends agproval. iOTAL AMOUN7 OF iRANSACTION S S, O O O, O O COST/REVENUE BUDGETED (CIRCLE ONE) YES NO FUNDItiG SOURCE Tor t Li abi l i tv ACTIVI7Y NUMBEq � 9� 7 � �INANCIA�INFORMATION IEXP�AfN� LI 5t].: ��.� .; �; �'�� ,�: . I �, , �% i� t _. . � .. .:� � Council File # ��Q/�(Y �� o � Green Sheet # 31133 RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By Referred To Committeec Date 1 2 RESOLVED, that upon execution and delivery of a release, in full, to the City of 3 Si. Paul, the proper City officers are hereby authorized and directed to pay out of the 4 Tort Liability Fund, 09070-0511, to Paul Smith and Hersch Izek, his attorney, the sum of � $5,000.00 in fu11 settlement of his claim for damages arising out of a motor vehicle 6 accident with a city vehicle at or near the intersection of Aldine and University Avenue 7 on March 17, 1994. Revuested bv Depar�mea� o:: C1' �.��G�.'.@\' v=`__�E bcopted by Counci_: Da�e ' -',._ :,dc�tion Certi:ied by Cour.ci_ Secr_�ary .^�� . �Y' �L.�, ._._, : ��.:_..-�_�_ Ap^roved by ?.ayor: — ..a�e " � 3 c: - ". ---. 4 ��• �,:�a � �� Fcrm Ap�roved by C;ty Fttcrney .-�/` � /' /' � [ 3L• • � � (';�:- , 'I . ��V/; Apnroved by Mzyor `or Submissicn �., Ccuncil . � � j � `�� 3v: / `"� ( �i/� %�'/•✓� j � � p l�� ^ �-. � � � � � Council File # °�� o �..' t :, � e.�.` S S `ti ,�s ; W° Green sheet # 25569 RESOLUTION CITY OF SAINT PAUL, MINNESOTA �� // . � . � Presented By Referred To Committee: Date 1 RESOLVED, that upon execution and delivery of a release, in full, to the City of St. 2 Paul, the proper City officers are hereby authorized and directed to pay out of the Tort 3 Liability Fund, 09070-0511, to Paul Smith and Hersch Izek, his attorney, the sum of $5,000 4 in full settlement of his claim for no-fault azising out of a motor vehicle accident with a city 5 vekricle at or neaz the intersection of Aldine and University Avenue on Mazch 17, 1994. 6 Requested by Department of: Adoption Certified by Council Secretary Hy: Approved by Mayor: Date 2//Z,/�7�— BY: � L �_ / GitV Attorney Office By: r'� r�, 7p Form Approved by City Attorney Sy: f�� r-� by Mayor for Submission to $ Y� l< <�5�� Adopted by Council : Date � n�, �j ,��9 � ,� 5 � '. _ � ^ � f City Attorney ' 266-872 )ATE) TOTAL # OF SIGNATURE PAGES q�� GREEN SHEET N° 25569 INRIAL/DATE INRIAVOATE DEPARTMENT DIRE Q CITY GOUNdL CINATTOFlNEV � CINCLEflK BUDGET DIflECTOR � FIN. & MGT. SERVICES DIR. MAVOR (OR ASSI5fANn O (CLIP ALL LOCATIONS FOR SIGNATUR� iION REQUESTED: - Approval of resol,ution settling the no-fault elaim against the City of St. Paul by Paul Smith for $5,000. _ PLANNING CAMMISSION _ CIVIL SEflVICE COMMISSION _ CIB COMMITfEE _ STAFF _ _ DISTRICT CAURT _ SUPPOqTS WHICN COUNCIL OBJECTNE? � �-9�a'�� 5��£C� �Sl$�( �� i s �s�� - ----- ---� JAN Ps �f�1rF TOTAL AMOUNT OF TRANSACTION $� S, Q OO COST/REYENUE BUDGETED (CIRCLE ONE) �� 0 ' 1 q�9� � �� YES . '�7�X FUNDIfdGSOURCE `I'OY''G Tj13h1.11tV - ACTIVITYNUMBER 8,�(1'1n FINANCIAL INFORMATION: (EXPLAIN) ' ' � . PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING �UESTIONS: 1. Has this persoNflrm ever worked under a coMract for this departmen[? � - YES NO 2. Has this person/firm ever been a cily employee? YES NO 3. Does this persoiUtirm possess a slcifl not normalry possessetl by arcy currert city employee? YES NO Explafn all yes answers on saparete sheet antl attneh to green sheet T-his is a follow-up,to a resolution.�hieh was appro�zed the first week o£ , September; 19:96: The,action approued�.iwas payment o£ $5,OOC to Paul Smith. for settlement of,claims against .the Citp of Saint Paul,(for a,squad-car pedestrian collision)!3 cai.th the stipulation that Smith be permitted .to arbit�ate his buts�'andin� medical and w�ge;.;loss claims. Gopies of the green sheet and approved resolution are att,ached.. - - - -- - - --- _. .,� ,,,�� ,.,, - -� -�-----'--, �:._„ ' ��payment in:,-order to,settle his elaim 1'or both past ana s'uture no fault benefits, The-City has r�ade a counteroffer of $5,0"00, whieh.Smith aceepted. Given the'reasonable amount and the faet that Smitn is continuing to ineur;;: medical bi11s and wa�e loss,.which.he could add, to his.current demand if brought to court or arbit�ation, this office.�recommends approval. �'�• City Attorney Lisa L. Veith, 266-8723 TOTAL # OF SIGNATURE PAGES •�E IYITIATE� � /20/96 GREEN S�iEET N_ 311 3 INRIAVpATE � � b INITIAVDAT� — O DEPARTMENT DIRECTOR m GIN COUN�IL SSiGN O ptTy ATTOBNEY � CITY CLERK IUNBEN FOR 1RDER G ❑ BUOGET OIRECiOR � FIN. E MGI SERVIC D�R. O MAYOR (OR 0.S5(STAiiT) � (CLIP ALL LOCATIONS FOR SIGNATURE) Approval oP resolution settling the claim against the City of St. Paul by Paul Smith for 55,000.00. _ PL4NNING COMMISSION _ C�B CAMMfTTEE o� _ CIVILSERVICE.".�4MISSION PERSONAL SERVICE CONTRACTS MUST ANSWER iHE fOLLOWiNG �UESTIONS: 7. nas tNS perSOMirm ever worketl untler a contract for t�is tlepartment? � YES NO _ STAFF 2. r.as tnis Dersonttirm eve� 6een a city emG�oyee? — YES NO _ D�STRICT COURT _ 3. �Joes tA�s persontlirm possess a skill rot nortna�l q y possessetl by any turrent city employee. SUPPpRT51vNICN COUNCIL O&IEC'fIVE? YES Np Esplsin sll yes enswers on separate sheet and attac� to green sheet INITIAi1NG PROBLEM, ISSUE. OPPORTUNITY (W�o. Wna:. �'�en, Wnere. W'+y): The incident underlying this case occurred at about 6:00 p.m. - on March 17, 1994, at the intersection of Aldine and University in the City of St. Paul. St. Paul police officer Mark Pierce proceeded north on Aldine to University and stopped for a red light, then attempted to make a right turn. As the squad car moved forward, it struck the plaintiff, Paul Smith, who was on font Officer Pierce failed to see Smith in the crosswalk. There is no question that Smith was crossing with a green light and therefore had the right of way. Smith was employed as a manual laborer at the time of the accident, and had recently moved into St. Paul from Ohio. He claims that as a result of the accident he has suffered permanent has lost wages and the ability to work in his former occupation. The City of St. Faul paid out $13,000 in no-fault benefits to Smith until November 1994. Since that time, Smith claims he has incurred an additional $13,400 in medical expenses and $10,000 in wage loss. The IME physician hired by the City agreed that a CT scan did show disc bulging, but was of the opinion that it was not clinically significant and that there was no need for further treatment after November of 1994. A court-ordered mediation was held on 3uly 22, 1996 and Smith demanded $70,000. Eventually, an agreement was reached between the parties that Smith would dismiss the lawsuit for a payment of $5,000, and be permitted to arbitrate his outstanding medical and wage loss claims, as he is permitted to do under Minnesota law. Given the liability issues and the extent of injuries, this office recommends agproval. iOTAL AMOUN7 OF iRANSACTION S S, O O O, O O COST/REVENUE BUDGETED (CIRCLE ONE) YES NO FUNDItiG SOURCE Tor t Li abi l i tv ACTIVI7Y NUMBEq � 9� 7 � �INANCIA�INFORMATION IEXP�AfN� LI 5t].: ��.� .; �; �'�� ,�: . I �, , �% i� t _. . � .. .:� � Council File # ��Q/�(Y �� o � Green Sheet # 31133 RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By Referred To Committeec Date 1 2 RESOLVED, that upon execution and delivery of a release, in full, to the City of 3 Si. Paul, the proper City officers are hereby authorized and directed to pay out of the 4 Tort Liability Fund, 09070-0511, to Paul Smith and Hersch Izek, his attorney, the sum of � $5,000.00 in fu11 settlement of his claim for damages arising out of a motor vehicle 6 accident with a city vehicle at or near the intersection of Aldine and University Avenue 7 on March 17, 1994. Revuested bv Depar�mea� o:: C1' �.��G�.'.@\' v=`__�E bcopted by Counci_: Da�e ' -',._ :,dc�tion Certi:ied by Cour.ci_ Secr_�ary .^�� . �Y' �L.�, ._._, : ��.:_..-�_�_ Ap^roved by ?.ayor: — ..a�e " � 3 c: - ". ---. 4 ��• �,:�a � �� Fcrm Ap�roved by C;ty Fttcrney .-�/` � /' /' � [ 3L• • � � (';�:- , 'I . ��V/; Apnroved by Mzyor `or Submissicn �., Ccuncil . � � j � `�� 3v: / `"� ( �i/� %�'/•✓� j � � p l�� ^ �-. � � � � � Council File # °�� o �..' t :, � e.�.` S S `ti ,�s ; W° Green sheet # 25569 RESOLUTION CITY OF SAINT PAUL, MINNESOTA �� // . � . � Presented By Referred To Committee: Date 1 RESOLVED, that upon execution and delivery of a release, in full, to the City of St. 2 Paul, the proper City officers are hereby authorized and directed to pay out of the Tort 3 Liability Fund, 09070-0511, to Paul Smith and Hersch Izek, his attorney, the sum of $5,000 4 in full settlement of his claim for no-fault azising out of a motor vehicle accident with a city 5 vekricle at or neaz the intersection of Aldine and University Avenue on Mazch 17, 1994. 6 Requested by Department of: Adoption Certified by Council Secretary Hy: Approved by Mayor: Date 2//Z,/�7�— BY: � L �_ / GitV Attorney Office By: r'� r�, 7p Form Approved by City Attorney Sy: f�� r-� by Mayor for Submission to $ Y� l< <�5�� Adopted by Council : Date � n�, �j ,��9 � ,� 5 � '. _ � ^ � f City Attorney ' 266-872 )ATE) TOTAL # OF SIGNATURE PAGES q�� GREEN SHEET N° 25569 INRIAL/DATE INRIAVOATE DEPARTMENT DIRE Q CITY GOUNdL CINATTOFlNEV � CINCLEflK BUDGET DIflECTOR � FIN. & MGT. SERVICES DIR. MAVOR (OR ASSI5fANn O (CLIP ALL LOCATIONS FOR SIGNATUR� iION REQUESTED: - Approval of resol,ution settling the no-fault elaim against the City of St. Paul by Paul Smith for $5,000. _ PLANNING CAMMISSION _ CIVIL SEflVICE COMMISSION _ CIB COMMITfEE _ STAFF _ _ DISTRICT CAURT _ SUPPOqTS WHICN COUNCIL OBJECTNE? � �-9�a'�� 5��£C� �Sl$�( �� i s �s�� - ----- ---� JAN Ps �f�1rF TOTAL AMOUNT OF TRANSACTION $� S, Q OO COST/REYENUE BUDGETED (CIRCLE ONE) �� 0 ' 1 q�9� � �� YES . '�7�X FUNDIfdGSOURCE `I'OY''G Tj13h1.11tV - ACTIVITYNUMBER 8,�(1'1n FINANCIAL INFORMATION: (EXPLAIN) ' ' � . PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING �UESTIONS: 1. Has this persoNflrm ever worked under a coMract for this departmen[? � - YES NO 2. Has this person/firm ever been a cily employee? YES NO 3. Does this persoiUtirm possess a slcifl not normalry possessetl by arcy currert city employee? YES NO Explafn all yes answers on saparete sheet antl attneh to green sheet T-his is a follow-up,to a resolution.�hieh was appro�zed the first week o£ , September; 19:96: The,action approued�.iwas payment o£ $5,OOC to Paul Smith. for settlement of,claims against .the Citp of Saint Paul,(for a,squad-car pedestrian collision)!3 cai.th the stipulation that Smith be permitted .to arbit�ate his buts�'andin� medical and w�ge;.;loss claims. Gopies of the green sheet and approved resolution are att,ached.. - - - -- - - --- _. .,� ,,,�� ,.,, - -� -�-----'--, �:._„ ' ��payment in:,-order to,settle his elaim 1'or both past ana s'uture no fault benefits, The-City has r�ade a counteroffer of $5,0"00, whieh.Smith aceepted. Given the'reasonable amount and the faet that Smitn is continuing to ineur;;: medical bi11s and wa�e loss,.which.he could add, to his.current demand if brought to court or arbit�ation, this office.�recommends approval. �'�• City Attorney Lisa L. Veith, 266-8723 TOTAL # OF SIGNATURE PAGES •�E IYITIATE� � /20/96 GREEN S�iEET N_ 311 3 INRIAVpATE � � b INITIAVDAT� — O DEPARTMENT DIRECTOR m GIN COUN�IL SSiGN O ptTy ATTOBNEY � CITY CLERK IUNBEN FOR 1RDER G ❑ BUOGET OIRECiOR � FIN. E MGI SERVIC D�R. O MAYOR (OR 0.S5(STAiiT) � (CLIP ALL LOCATIONS FOR SIGNATURE) Approval oP resolution settling the claim against the City of St. Paul by Paul Smith for 55,000.00. _ PL4NNING COMMISSION _ C�B CAMMfTTEE o� _ CIVILSERVICE.".�4MISSION PERSONAL SERVICE CONTRACTS MUST ANSWER iHE fOLLOWiNG �UESTIONS: 7. nas tNS perSOMirm ever worketl untler a contract for t�is tlepartment? � YES NO _ STAFF 2. r.as tnis Dersonttirm eve� 6een a city emG�oyee? — YES NO _ D�STRICT COURT _ 3. �Joes tA�s persontlirm possess a skill rot nortna�l q y possessetl by any turrent city employee. SUPPpRT51vNICN COUNCIL O&IEC'fIVE? YES Np Esplsin sll yes enswers on separate sheet and attac� to green sheet INITIAi1NG PROBLEM, ISSUE. OPPORTUNITY (W�o. Wna:. �'�en, Wnere. W'+y): The incident underlying this case occurred at about 6:00 p.m. - on March 17, 1994, at the intersection of Aldine and University in the City of St. Paul. St. Paul police officer Mark Pierce proceeded north on Aldine to University and stopped for a red light, then attempted to make a right turn. As the squad car moved forward, it struck the plaintiff, Paul Smith, who was on font Officer Pierce failed to see Smith in the crosswalk. There is no question that Smith was crossing with a green light and therefore had the right of way. Smith was employed as a manual laborer at the time of the accident, and had recently moved into St. Paul from Ohio. He claims that as a result of the accident he has suffered permanent has lost wages and the ability to work in his former occupation. The City of St. Faul paid out $13,000 in no-fault benefits to Smith until November 1994. Since that time, Smith claims he has incurred an additional $13,400 in medical expenses and $10,000 in wage loss. The IME physician hired by the City agreed that a CT scan did show disc bulging, but was of the opinion that it was not clinically significant and that there was no need for further treatment after November of 1994. A court-ordered mediation was held on 3uly 22, 1996 and Smith demanded $70,000. Eventually, an agreement was reached between the parties that Smith would dismiss the lawsuit for a payment of $5,000, and be permitted to arbitrate his outstanding medical and wage loss claims, as he is permitted to do under Minnesota law. Given the liability issues and the extent of injuries, this office recommends agproval. iOTAL AMOUN7 OF iRANSACTION S S, O O O, O O COST/REVENUE BUDGETED (CIRCLE ONE) YES NO FUNDItiG SOURCE Tor t Li abi l i tv ACTIVI7Y NUMBEq � 9� 7 � �INANCIA�INFORMATION IEXP�AfN� LI 5t].: ��.� .; �; �'�� ,�: . I �, , �% i� t _. . � .. .:� � Council File # ��Q/�(Y �� o � Green Sheet # 31133 RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By Referred To Committeec Date 1 2 RESOLVED, that upon execution and delivery of a release, in full, to the City of 3 Si. Paul, the proper City officers are hereby authorized and directed to pay out of the 4 Tort Liability Fund, 09070-0511, to Paul Smith and Hersch Izek, his attorney, the sum of � $5,000.00 in fu11 settlement of his claim for damages arising out of a motor vehicle 6 accident with a city vehicle at or near the intersection of Aldine and University Avenue 7 on March 17, 1994. Revuested bv Depar�mea� o:: C1' �.��G�.'.@\' v=`__�E bcopted by Counci_: Da�e ' -',._ :,dc�tion Certi:ied by Cour.ci_ Secr_�ary .^�� . �Y' �L.�, ._._, : ��.:_..-�_�_ Ap^roved by ?.ayor: — ..a�e " � 3 c: - ". ---. 4 ��• �,:�a � �� Fcrm Ap�roved by C;ty Fttcrney .-�/` � /' /' � [ 3L• • � � (';�:- , 'I . ��V/; Apnroved by Mzyor `or Submissicn �., Ccuncil . � � j � `�� 3v: / `"� ( �i/� %�'/•✓�