04-0781R


RESOLUTION APPROVING SETTLEMENT OF CLAIM OF WILLIAM G. COSSETTE AND DIANE M. COSSETTE IN THE AMOUNT OF $45,000.

BY COUNCILOR STOVER:

     RESOLVED, that the proper city officials are authorized to pay to William G. Cossette and Diane M. Cossette and their attorney, Peter Nickitas, $45,000 in full and final settlement of the claim which arose out of a motorcycle accident occurring on August 30, 2002, in Duluth, Minnesota; payment to be made from the Self Insurance Fund 0610.


STATEMENT OF PURPOSE:  On August 30, 2002, William Cossette lost control of his motorcycle at the bottom of the driveway to his home which is located on Norton Street in the city of Duluth. He lost control while negotiating a frost heave which was caused by the rising of a storm water ditch culvert which ran under the bottom of the Cossette driveway. Cossette sustained injuries to his back which required surgery and injuries to his hips which required physical therapy. To date, Cossette’s medical expenses exceed $40,000. The city was responsible for the maintenance of its storm water ditch system, including its culverts. The city had notice of the condition, but did not repair the condition prior to the accident.