04-0657R


RESOLUTION APPROVING SETTLEMENT OF CLAIM OF JOCELYN A. THOMPSON IN THE AMOUNT OF $75,000.

BY COUNCILOR STOVER:

     RESOLVED, that the proper city officials are authorized to pay to Jocelyn A. Thompson and her attorney, James W. Balmer, the sum of $75,000 in full and final settlement of the claim which arose out of a slip and fall accident occurring on July 14, 2003, near 324 West Superior Street; payment to be made from the Self Insurance Fund 0610.


STATEMENT OF PURPOSE:  On July 14, 2003, Jocelyn Thompson sustained personal injuries from a slip and fall near 324 West Superior Street. Ms. Thompson was exiting a parked vehicle when she stepped on a freshly painted parking lane marker, which had been covered with a silicone reflective material, which material is not suitable to pedestrian markings and not sold for that purpose.


The city’s liability is based upon the legal principle that it is obligated to use correct materials to keep pedestrian areas reasonably safe.


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 $75,000. The city attorney’s office recommends this settlement.