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May 16, 1985 <br />Page 2 <br />effort, with myself and Linda Shamla, a Legal assistant at our <br />office, assisting him. <br />The insurance company has indicated that they are reserving <br />their rights under the insurance policy regarding any claim for <br />punitive damages or for damages in excess of the policy limits. <br />Based upon our preliminary analysis, we do not believe that a <br />substantial claim can be made for punitive damages against either <br />the City or Officer Erickson. In the interest of morale, case <br />preparation and to insure the assistance of the officer, we would <br />recommend that the City assume responsibility for any exposure <br />Officer Erickson may have for punitive damages. I would recommend <br />that we discuss this matter in an executive session following our <br />next regularly scheuled council meeting so that a decision can be <br />made as soon as possible. <br />We will keep you advised as to the status of this case as it <br />progresses. Our preliminary analysis does not indicate a strong <br />case of liability on the party of the City or Officer Erickson, <br />but due to the fatality involved, there is obviously substantial <br />exposure. <br />If you have any questions or comments, please call Cliff <br />Greene or me prior to our meeting. <br />Very truly yours,.) <br />Thomas .7. /I aWio <br />TJR /sms <br />1034E <br />cc: Melvin Kilbo, Chief of Police <br />Mark Bernhardson, City Administrator <br />