File #: RS2024-761   
Type: Resolution Status: Passed
File created: 9/19/2024 In control: Metropolitan Council
On agenda: 10/1/2024 Final action: 10/1/2024
Title: A resolution authorizing the Metropolitan Department of Law to compromise and settle the personal injury claim of Peyton McHann against the Metropolitan Government of Nashville and Davidson County in the amount of $12,000, with said amount to be paid out of the Self-Insured Liability Fund.
Sponsors: Delishia Porterfield
Attachments: 1. Letter to Metro Clerk

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A resolution authorizing the Metropolitan Department of Law to compromise and settle the personal injury claim of Peyton McHann against the Metropolitan Government of Nashville and Davidson County in the amount of $12,000, with said amount to be paid out of the Self-Insured Liability Fund.

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WHEREAS, on May 9, 2024, as a Metropolitan Nashville police officer was entering the 8th Avenue roundabout, the officer struck Peyton McHann’s vehicle in the right side as Ms. McHann was attempting to make a right turn from the roundabout onto Lafayette Street, causing injury to Ms. McHann; 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 interest of the Metropolitan Government and recommends that any and all claims or causes of action brought or that could have been brought by Peyton McHann related to the events detailed above be compromised and settled for $12,000, 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 Peyton McHann for the sum of $12,000, 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 May 9, 2024, a Metropolitan Nashville Police Department officer (“MNPD”) in an MNPD vehicle entered the 8th Avenue South roundabout. The MNPD vehicle struck the passenger side of the vehicle driven by Peyton McHann while she attempted to make a right turn onto Lafayette Street. Ms. McHann’s vehicle sustained damaged to the rear bumper, wheels, and windshield and was declared a total loss. Ms. McHann previously received $8,437.05 for the vehicle.

 

Ms. McHann was treated at the hospital that same day complaining of nausea, headache, left-sided neck and back pain. She was diagnosed with a neck contusion after CT scans and x-rays were performed.

 

The Department of Law recommends settlement of Ms. McHann’s personal injury claim for $12,000.

 

Disciplinary action against the MNPD officer is pending supervisor review.

 

Fiscal Note: The total settlement amount is $12,000.00, This settlement along with Resolution Nos. RS2024-757, RS2024-760, and RS2024-763 would be the 8th, 9th, 10th, and 11th payments from the Self-Insured Liability Fund in FY25 for a cumulative total of $400,980. The fund balance would be $13,719,357 after this payment.