01-0777R

RESOLUTION AUTHORIZING PAYMENT OF $18,500 TO MARLENE G. GLAD AND HER ATTORNEY, A. BLAKE MACDONALD, IN FULL SETTLEMENT OF CLAIMS ARISING FROM AN ACCIDENT ON NOVEMBER 3, 1999.

BY COUNCILOR ECKENBERG:

        BE IT RESOLVED, that the proper city officials are authorized to pay to Marlene G. Glad and her attorney, A. Blake MacDonald, the sum of $18,500 in full settlement of all claims arising from an accident on November 3, 1999; payment to be made from the self insurance fund.



STATEMENT OF PURPOSE:  Marlene G. Glad alleges that on November 3, 1999, at approximately 7:45 a.m. she was walking on the easterly sidewalk of 11th Avenue East north of Fourth Street in the city of Duluth. At that time, she encountered an unusual icy sidewalk surface. She fell and sustained injuries to her right wrist which required surgery and disabled her from her employment for a period of time. She further alleges that the icy sidewalk condition was caused by street maintenance personnel who were using a water truck to assist in street sweeping activities. Plaintiff further claims that water sprayed onto the sidewalk froze and caused the icy condition.

The parties engaged in complete discovery, and the city was able to confirm that water used in the sweeping process was the most likely cause of the icy condition. Liability in this case is premised upon the standard of care set forth in Minnesota Statutes Section 466.03, Subdivision 4, which immunizes the city from liability for accumulations of ice and snow except when the condition is affirmatively caused by the negligent acts of the municipality.

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.