BY COUNCILOR ECKENBERG:01-0705R
RESOLUTION AUTHORIZING PAYMENT OF $12,500 TO OLIVE KRUGER AND HER ATTORNEY, ROBERT C. FALSANI, IN FULL SETTLEMENT OF CLAIMS ARISING FROM AN ACCIDENT ON JANUARY 19, 2000.
IT RESOLVED, that the proper city officials are authorized to pay to Olive
Kruger and her attorney, Robert C. Falsani, the sum of $12,500 in full
settlement of all claims arising from a motor vehicle accident with a city
vehicle on January 19, 2000; payment to be made from the self insurance
The city's liability is based upon the legal principle that an employer is liable for the negligence of its employees. Here, sufficient evidence exists to conclude that the city's employee was negligent, that his negligence was a direct cause of the injuries sustained by Olive Kruger and that the employee's negligence was greater than any negligence which a jury may attribute to Daryl Kruger.
The city of Duluth has investigated this claim and verified the damages and expenses. The civil division of the city attorney's office analyzed the city's loss exposure. Settlement negotiations were conducted, and an agreement has been reached in the amount of $12,500. The city attorney's office recommends this settlement.