01-0744R

RESOLUTION AUTHORIZING PAYMENT OF $24,000 TO DONNA L. JOURDAIN, HER ATTORNEY, GARY STONEKING, AND STATE OF MINNESOTA IN FULL SETTLEMENT OF CLAIMS ARISING FROM AN ACCIDENT ON DECEMBER 3, 1998.

BY COUNCILOR STOVER:

        BE IT RESOLVED, that the proper city officials are authorized to pay to Donna L. Jourdain, her attorney, Gary Stoneking, and the state of Minnesota the sum of $24,000 in full settlement of all claims arising from an accident on December 3, 1998; payment to be made from the self insurance fund.



STATEMENT OF PURPOSE:  On December 3, 1998, Donna L. Jourdain was injured when, as a pedestrian, she was crossing Second Street at Second Avenue West in Downtown Duluth and was struck by a police squad vehicle. She sustained serious injuries as a result of the accident, including permanent injury to her left leg.

Ms. Jourdain filed a lawsuit against the city and the police officer involved, requesting payment in the amount of the city's liability limit of $300,000. The city has already paid certain amounts which were payable to Ms. Jourdain for uninsured motorist coverage under Minnesota law (as authorized by Resolution 99-0045).

The case was scheduled to be tried before a jury. Following completion of pre-trial discovery, the parties engaged in mediation. During the mediation the parties differed in their legal analysis of the duties of the driver of the police vehicle and the pedestrian. The state of Minnesota has a lien interest for medical services provided to the plaintiff. The parties agreed to resolve the claim for the payment of $24,000 by the city to Ms. Jourdain, her attorney and the state. The plaintiff will then resolve the state's claim.

The civil division of the city attorney's office has investigated the claim, analyzed the city's loss exposure and reviewed published recoveries in jury trials involving similar injuries. The city attorney's office recommends this settlement of all claims arising from this accident.