98-425Council File � "7 2
Green sheet � 31145
RESOLUTION ,
CITY OF SAINT PAUL, MINNESOTA �
Presented By
Re£erred To
Committee: Date
RFSOLVID, 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,
to John P. Gross, David K. Cody, his attorney, and Roxanne Gross the sum of $20,000.00 in full
settlement of their claim for damages arising out of a motor vehicle accident with a City vehicle
at or near Maryland Avenue and Johnsott Parkway, City of St. Paul, on 7une 9, 1994.
APFROVED:
7udge of Ramsey County District Court
Requested by Department of:
Y�
�px
s -
J�� � � � ��" �.�
Form Approved by City Attorney
Sdopted by Council: Date
�doption Certified by Council S etary
i
/�f � � t
�i -
�
ty Attorney
GREEN SHEET
O CITYA7fOflNEY _
O BUDGET DIftECTaR
n MAYpF (OR FSSISTS
TOTAL # OF SIGNATURE PAGES
(CUP ALL LOCATIONS FOR
�
9� �2.� ,`
N_ 31145
- ' � � INITAVDATE
CT' COUNCIL
CITY CLEflK
FIN. & MGT. SEFVICES dfR.
Approval o£ resolution settlina the claim o£ John ancl Roxanne Gross against the
City of St. Pau1 for $20,000.00.
m
__ CYNL SERVICE COMMISSION
GIB cOMMIifEE _ .
STAFf _ .
DIS7RICf COURT _ .
'JRTS WHICH COUNCII O&IECTIYE?
PERSONAL SEHVICE CONTRACTS MUST ANSWER THE fOLLOWING �UESTIONS:
t. Has this persoMfirm ever worked under a comrect fw this department? -
YES NO
2. Has this personffrtn ever been a city employee?
YES NO
3. �oes this perso�rm possess a skill not normally possessetl by any current city employee?
YES ' NO
Eaplaln all yes a�swers on separate sheet antl attech to green sheet
.._...._ . ..__�.....'_". _. . _... _.... . ,...._. -..._.. ...._... -.._._. ....,,. . _� _
On June 9, 1994, St. Yaul police officer John Gross was responding to a pedestrian
accident call when he proceeded eastbound down Maryland Avenue in the westbound Lane and
collided head-on with a vehicle being driven by Mr. Chong Neng Yang. Mr. Yang brought a
lawsuit against Officer Gross and the City for damages to his vehicle. On March 13, 1995,
Diatrict Court Judge Bertrand Poritsky found Mr. Yanq 100� negligent for the automobile
accident and ordered him to pay damages for the aquad car. This prior ruling prevents the
City from arguing that Ofticer Gross' own negligence was a factor in this accident. Pursuant
to statute the City is required to maintain underinsured motorist coverage. The City's
4�A€�Y�EA��-matorist policy limits are $25,000.06. Gross sue Yang's insurance company an
settled tor the policy limits of $30,000:00. Gross initiated this lawsuit. Roxanne Gross
also sued the City for loss of consortium.
After the accident with Mr. Yang, Gross complained immediately of neck pain, mid back
pain, low back pain and numUness in his leg. He was transported to the hospital, treated and
released. Gross claims permanent injury to his back and a herniated disc which forced him
to retire early and resulted in a significant wage loss claim. We valued his claim as
exceedina the Citv's 525.000 nolicv limits. We believe anv settlement below the limits as
On May 5, 1995, the parties met for court ordered mediation. During the mediation
settlement was discussed and the parties agreed to a proposed settlement of all of John P.
Groas and Roxanne Gross' clai.ms for a total payment of $20,000.00. Given the prior Court
ruling which prevents the City from arguing any contributory negligence on the part of
Officer Gross, and his substantial wage loss claim, this o£fice recon¢nends settlement of this
matter in the amount of $20,0OO.OQ.
dISAOVANTAGES IF NOT APPROVEA:
�
MAY 1 � 199�
�`sl3i€s. �iv'g�'arG+� � ;;r?;�r
��Ya��s oF�►c�
�3A� 3. � ����
fAL AMOUNT OF TRANSACTION $ ZO, OOO.00 COST(REVENUE BUOGETEO (CIRCLE ONE)� � NO
IQIHG SOURCE Tort Lldb111"tV FUriCI ACTIVITY NUMBER O9O �O
NCIAL INFORMATION: (EXPLAIN)
Council File � "7 2
Green sheet � 31145
RESOLUTION ,
CITY OF SAINT PAUL, MINNESOTA �
Presented By
Re£erred To
Committee: Date
RFSOLVID, 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,
to John P. Gross, David K. Cody, his attorney, and Roxanne Gross the sum of $20,000.00 in full
settlement of their claim for damages arising out of a motor vehicle accident with a City vehicle
at or near Maryland Avenue and Johnsott Parkway, City of St. Paul, on 7une 9, 1994.
APFROVED:
7udge of Ramsey County District Court
Requested by Department of:
Y�
�px
s -
J�� � � � ��" �.�
Form Approved by City Attorney
Sdopted by Council: Date
�doption Certified by Council S etary
i
/�f � � t
�i -
�
ty Attorney
GREEN SHEET
O CITYA7fOflNEY _
O BUDGET DIftECTaR
n MAYpF (OR FSSISTS
TOTAL # OF SIGNATURE PAGES
(CUP ALL LOCATIONS FOR
�
9� �2.� ,`
N_ 31145
- ' � � INITAVDATE
CT' COUNCIL
CITY CLEflK
FIN. & MGT. SEFVICES dfR.
Approval o£ resolution settlina the claim o£ John ancl Roxanne Gross against the
City of St. Pau1 for $20,000.00.
m
__ CYNL SERVICE COMMISSION
GIB cOMMIifEE _ .
STAFf _ .
DIS7RICf COURT _ .
'JRTS WHICH COUNCII O&IECTIYE?
PERSONAL SEHVICE CONTRACTS MUST ANSWER THE fOLLOWING �UESTIONS:
t. Has this persoMfirm ever worked under a comrect fw this department? -
YES NO
2. Has this personffrtn ever been a city employee?
YES NO
3. �oes this perso�rm possess a skill not normally possessetl by any current city employee?
YES ' NO
Eaplaln all yes a�swers on separate sheet antl attech to green sheet
.._...._ . ..__�.....'_". _. . _... _.... . ,...._. -..._.. ...._... -.._._. ....,,. . _� _
On June 9, 1994, St. Yaul police officer John Gross was responding to a pedestrian
accident call when he proceeded eastbound down Maryland Avenue in the westbound Lane and
collided head-on with a vehicle being driven by Mr. Chong Neng Yang. Mr. Yang brought a
lawsuit against Officer Gross and the City for damages to his vehicle. On March 13, 1995,
Diatrict Court Judge Bertrand Poritsky found Mr. Yanq 100� negligent for the automobile
accident and ordered him to pay damages for the aquad car. This prior ruling prevents the
City from arguing that Ofticer Gross' own negligence was a factor in this accident. Pursuant
to statute the City is required to maintain underinsured motorist coverage. The City's
4�A€�Y�EA��-matorist policy limits are $25,000.06. Gross sue Yang's insurance company an
settled tor the policy limits of $30,000:00. Gross initiated this lawsuit. Roxanne Gross
also sued the City for loss of consortium.
After the accident with Mr. Yang, Gross complained immediately of neck pain, mid back
pain, low back pain and numUness in his leg. He was transported to the hospital, treated and
released. Gross claims permanent injury to his back and a herniated disc which forced him
to retire early and resulted in a significant wage loss claim. We valued his claim as
exceedina the Citv's 525.000 nolicv limits. We believe anv settlement below the limits as
On May 5, 1995, the parties met for court ordered mediation. During the mediation
settlement was discussed and the parties agreed to a proposed settlement of all of John P.
Groas and Roxanne Gross' clai.ms for a total payment of $20,000.00. Given the prior Court
ruling which prevents the City from arguing any contributory negligence on the part of
Officer Gross, and his substantial wage loss claim, this o£fice recon¢nends settlement of this
matter in the amount of $20,0OO.OQ.
dISAOVANTAGES IF NOT APPROVEA:
�
MAY 1 � 199�
�`sl3i€s. �iv'g�'arG+� � ;;r?;�r
��Ya��s oF�►c�
�3A� 3. � ����
fAL AMOUNT OF TRANSACTION $ ZO, OOO.00 COST(REVENUE BUOGETEO (CIRCLE ONE)� � NO
IQIHG SOURCE Tort Lldb111"tV FUriCI ACTIVITY NUMBER O9O �O
NCIAL INFORMATION: (EXPLAIN)
Council File � "7 2
Green sheet � 31145
RESOLUTION ,
CITY OF SAINT PAUL, MINNESOTA �
Presented By
Re£erred To
Committee: Date
RFSOLVID, 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,
to John P. Gross, David K. Cody, his attorney, and Roxanne Gross the sum of $20,000.00 in full
settlement of their claim for damages arising out of a motor vehicle accident with a City vehicle
at or near Maryland Avenue and Johnsott Parkway, City of St. Paul, on 7une 9, 1994.
APFROVED:
7udge of Ramsey County District Court
Requested by Department of:
Y�
�px
s -
J�� � � � ��" �.�
Form Approved by City Attorney
Sdopted by Council: Date
�doption Certified by Council S etary
i
/�f � � t
�i -
�
ty Attorney
GREEN SHEET
O CITYA7fOflNEY _
O BUDGET DIftECTaR
n MAYpF (OR FSSISTS
TOTAL # OF SIGNATURE PAGES
(CUP ALL LOCATIONS FOR
�
9� �2.� ,`
N_ 31145
- ' � � INITAVDATE
CT' COUNCIL
CITY CLEflK
FIN. & MGT. SEFVICES dfR.
Approval o£ resolution settlina the claim o£ John ancl Roxanne Gross against the
City of St. Pau1 for $20,000.00.
m
__ CYNL SERVICE COMMISSION
GIB cOMMIifEE _ .
STAFf _ .
DIS7RICf COURT _ .
'JRTS WHICH COUNCII O&IECTIYE?
PERSONAL SEHVICE CONTRACTS MUST ANSWER THE fOLLOWING �UESTIONS:
t. Has this persoMfirm ever worked under a comrect fw this department? -
YES NO
2. Has this personffrtn ever been a city employee?
YES NO
3. �oes this perso�rm possess a skill not normally possessetl by any current city employee?
YES ' NO
Eaplaln all yes a�swers on separate sheet antl attech to green sheet
.._...._ . ..__�.....'_". _. . _... _.... . ,...._. -..._.. ...._... -.._._. ....,,. . _� _
On June 9, 1994, St. Yaul police officer John Gross was responding to a pedestrian
accident call when he proceeded eastbound down Maryland Avenue in the westbound Lane and
collided head-on with a vehicle being driven by Mr. Chong Neng Yang. Mr. Yang brought a
lawsuit against Officer Gross and the City for damages to his vehicle. On March 13, 1995,
Diatrict Court Judge Bertrand Poritsky found Mr. Yanq 100� negligent for the automobile
accident and ordered him to pay damages for the aquad car. This prior ruling prevents the
City from arguing that Ofticer Gross' own negligence was a factor in this accident. Pursuant
to statute the City is required to maintain underinsured motorist coverage. The City's
4�A€�Y�EA��-matorist policy limits are $25,000.06. Gross sue Yang's insurance company an
settled tor the policy limits of $30,000:00. Gross initiated this lawsuit. Roxanne Gross
also sued the City for loss of consortium.
After the accident with Mr. Yang, Gross complained immediately of neck pain, mid back
pain, low back pain and numUness in his leg. He was transported to the hospital, treated and
released. Gross claims permanent injury to his back and a herniated disc which forced him
to retire early and resulted in a significant wage loss claim. We valued his claim as
exceedina the Citv's 525.000 nolicv limits. We believe anv settlement below the limits as
On May 5, 1995, the parties met for court ordered mediation. During the mediation
settlement was discussed and the parties agreed to a proposed settlement of all of John P.
Groas and Roxanne Gross' clai.ms for a total payment of $20,000.00. Given the prior Court
ruling which prevents the City from arguing any contributory negligence on the part of
Officer Gross, and his substantial wage loss claim, this o£fice recon¢nends settlement of this
matter in the amount of $20,0OO.OQ.
dISAOVANTAGES IF NOT APPROVEA:
�
MAY 1 � 199�
�`sl3i€s. �iv'g�'arG+� � ;;r?;�r
��Ya��s oF�►c�
�3A� 3. � ����
fAL AMOUNT OF TRANSACTION $ ZO, OOO.00 COST(REVENUE BUOGETEO (CIRCLE ONE)� � NO
IQIHG SOURCE Tort Lldb111"tV FUriCI ACTIVITY NUMBER O9O �O
NCIAL INFORMATION: (EXPLAIN)