BY COUNCILOR STOVER:
RESOLVED, that the proper city officials are authorized to pay to Mary Lou Ruff and Jack Ruff and their attorney, Douglas P. Anderson, the amount of $24,000 in full and final settlement of the claim which arose out of a trip and fall accident occurring on June 12, 2002, on the public sidewalk at or near 1105 East Superior Street; payment to be made from Self Insurance Fund 610-036-1651-5841.
STATEMENT OF PURPOSE: This claim arises out of an accident that occurred on June 12, 2002, on the public sidewalk at or near 1105 East Superior Street. The elderly Ruff tripped and fell when her foot struck a metal pipe, which was protruding about two inches from the middle of the sidewalk.
The treating doctor opined that the accident caused a cervical strain, bone spurs in her right knee with significant ongoing pain and the probable need for a total knee arthroplasty. That procedure costs in excess of $20,000.
The city of Duluth investigated the claim, verified the damages and expenses, and fixed the pipe. A paid mediator recommended this settlement of $24,000, which includes any claims for loss of support by Mr. Ruff. The city attorney’s office recommends this settlement.