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2012_0312_Packet
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2012_0312_Packet
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4/6/2012 3:27:33 PM
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3/8/2012 4:03:01 PM
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State waived per occurrence tort cap for this specific incident. <br />State appropriated $36.5 million for fund to compensate victims. A three person panel was <br />created to determine compensation. <br />Victims who accepted the offer of compensation had to sign a release to the State of <br />Minnesota. <br />All 179 claimants accepted settlement offers. <br />The Holidazzle Case <br />OnDecember 4, 1998, at the Holidazzle parade in downtown Minneapolis, Minneapolis Police <br />Officer,Thomas Sawina accidentally depressed the accelerator rather than the brake pedal on a <br />police van. The van lurched into a crowd of parade goers, causing two deaths and numerous <br />serious injuries. One girl, age seven, was severely injured, which required the amputation of her <br />right arm at the elbow. <br />The injured girl’s family brought suit against the city, Ford Motor Co. (the manufacturer of the <br />van) and Federal Signal Corp. (the manufacturer of a flasher system installed on the van which <br />failed to properly work when Officer Sawina accidentally pressed the accelerator rather than the <br />brake). <br />The Hennepin County jury apportioned liability as follows: <br />The jury awarded damages to the injured girl of $3.815 million, $30,000 to her injured brother,and <br />$172,455.06 to her father. <br />The district court limited the city’s liability under the municipal tort cap statute (Minn. Stat. <br />§466.04) to $750,000 for all claimants in a single occurrence.Thus, the district court awarded the <br />injured girl $300,000 (limit for a single plaintiff) and her brother $7,522 and her father $14,185. <br />As to Federal Signal, the district court apportioned liability to it pursuant to the existing joint and <br />several liability statute, (Minn. Stat. §604.02) to 50% of the total verdict amount under the “15 x <br />4” rule, Federal Signal’s 12.5% liability (12.5% x 4). <br />8 <br /> <br />
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