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A resolution authorizing the Metropolitan Department of Law to compromise and settle the personal injury claim of Rosemary Miklas against the Metropolitan Government of Nashville and Davidson County in the amount of $28,000.00, and that said amount be paid out of the Self-Insured Liability Fund.
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WHEREAS, on August 9, 2019, the Plaintiff, Rosemary Miklas had a trip and fall while walking on the sidewalk adjacent to the northeast side of the Renaissance Nashville Hotel located at 611 Commerce Street in Davidson County, Nashville, Tennessee. Plaintiff Rosemary Miklas alleges that, due to the incident, she sustained injuries, expenses, and damages proximately caused by the negligence of the Metropolitan Government; and,
WHEREAS, after investigation, the Metropolitan Department of Law believes that the settlement listed in Section 1 is fair and reasonable and in the best interests of the Metropolitan Government, and recommends that any and all claims or causes of action brought or that could have been brought by Rosemary Miklas related to the events detailed above, be compromised and settled for $28,000.00, and that this amount be paid from the Self-Insured Liability Fund.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1: The Metropolitan Department of Law is authorized to compromise and settle the personal injury claim of Rosemary Miklas for the sum of $28,000.00 with said amount to be paid from the Self-Insured Liability Fund.
Section 2: This resolution shall take effect from and after its adoption, the welfare of the Metropolitan Government of Nashville and Davidson County requiring it.
Agenda Analysis
Analysis
On August 9, 2019, Rosemary Miklas was walking on a sidewalk on Commerce Street. Two concrete panels on the sidewalk were uneven, causing Ms. Miklas to trip and fall.
Ms. Miklas fell on her right side and suffered severe bruising, broken ribs, and a cut on her elbow. She required x-rays, CT scans, an MRI, and pain medication. Her medical expenses totaled $11,305.98.
The parties have participated in settlement negotiations and have agreed upon the settlement amount of $28,000, subject to approval from the Metropolitan Council. The Department of Law recommends settlement of Ms. Miklas’s personal injury claim for $28,000.
Fiscal Note: The total settlement amount is $28,000. This settlement along with Resolution Nos. RS2025-1195 and RS2025-1203 would be the 30th, 31st and 32nd payments, after approval by Metropolitan Council, from the Self-Insured Liability Fund in FY25 for a cumulative total of $1,615,677. The fund balance would be $12,086,819 after these payments.