05-0338R


RESOLUTION APPROVING SETTLEMENT OF CLAIMS OF JOHN A. BROWN, JR., TESSA BUSCKO AND LISA CHARLES IN THE AMOUNT OF $50,000.

BY COUNCILOR LITTLE:

     RESOLVED, that the proper city officials are authorized to pay to John A. Brown, Jr., Tessa Buscko and Lisa Charles and their attorney, James W. Balmer, the amount of $50,000 in full and final settlement of the claim which arose out of a motor vehicle accident occurring on September 23, 2003, near the intersection of Becks Road and Commonwealth Avenue; payment to be made from the Self Insurance Fund 610.


STATEMENT OF PURPOSE:  This claim arises out of an accident that occurred on September 23, 2003, near the intersection of Becks Road and Commonwealth Avenue. At that time, a city employee who was operating a police vehicle collided with the vehicle driven by claimant Brown, resulting in damage to the vehicle and bodily injury to Brown. The police vehicle had a stop sign.


Medical bills exceeded $23,000, and the vehicle driven by Brown and owned by Charles was a total loss. The treating doctor testified that the accident caused a closed head brain injury and permanent loss of brain function and behavior control. A witness reported the police vehicle did not stop at the intersection. The city of Duluth investigated the claim and verified the damages and expenses. A paid mediator recommended this settlement of $50,000, which includes any claims for loss of support. The city attorney’s office recommends this settlement.

 

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