01-0706R

RESOLUTION AUTHORIZING PAYMENT OF $10,772.63 TO DUANE G. MILLSLAGLE IN FULL SETTLEMENT OF CLAIMS ARISING FROM AN ACCIDENT ON JUNE 24, 2000.

BY COUNCILOR ECKENBERG:

        BE IT RESOLVED, that the proper city officials are authorized to pay to Duane G. Millslagle the sum of $10,772.63 in full settlement of all claims arising from an accident on June 24, 2000; payment to be made from the self insurance fund.



STATEMENT OF PURPOSE:  On June 24, 2000, Duane G. Millslagle, was involved in a bicycle accident while riding in Gitchee Gumee Park, f/n/a Brighton Beach, and sustained injuries.

The city's liability is based upon the legal principle that it is liable for artificial conditions if the condition is one which the possessor has created or maintains, is, to his knowledge, likely to cause death or serious bodily harm, is of such a nature that he has reason to believe that it will not be discovered, and the city has failed to exercise reasonable care to warn such trespassers of the condition and the risk involved.

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 $10,772.63. The city attorney's office recommends this settlement.