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CC_Minutes_2012_0312
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3/22/2012 3:12:47 PM
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Roseville City Council
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Council Minutes
Meeting Date
3/12/2012
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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 /> On December 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 /> 13% 0% <br /> •City of <br /> Minneapolis <br /> •Federal Signal <br /> ❑Ford Motor Co. <br /> 87% <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 />
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