Title
RESOLUTION APPROVING SETTLEMENT IN THE AMOUNT OF $35,000 IN THE MATTER OF MARK R. CARLSON AND LYNNE E. CARLSON VS. CITY OF DULUTH.
Body
CITY PROPOSAL:
RESOLVED, that the city council approves settlement in the amount of $35,000 of all claims or causes of action asserted by Mark R. Carlson and Lynne E. Carlson in that matter venued in the State of Minnesota, County of St. Louis, Sixth Judicial District Court identified as Mark R. Carlson and Lynne E. Carlson vs. City of Duluth, Court File No. 69DU-CV-15-1838, pursuant to a mediated settlement agreement reached in principle between the parties on April 1, 2016, and further authorizes the proper city officials to take all actions necessary to conclude this matter on a full, final and complete basis; payment to be made from Fund 610-036-1652-5841 (Self Insurance Fund, Insurance Accounts, Water & Gas, Liability Claims Expense).
Statement of Purpose
STATEMENT OF PURPOSE: This resolution authorizes settlement in a civil suit commenced by Mark and Lynne Carlson against the city arising out of an injury that occurred within a city right-of-way in July of 2013. The parties engaged in extensive discovery, the city has fully investigated the negligence and damages claims and defenses asserted in this case, and the parties participated in a comprehensive mediation of this claim on April 1, 2016. The administration and city attorney recommend approval of this mediated settlement agreement.