BY COUNCILOR ECKENBERG: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.
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.
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.