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A resolution authorizing the Metropolitan Department of Law to compromise and settle the property damage claim of McDonald’s Corporation against the Metropolitan Government of Nashville and Davidson County in the amount of $28,290.57 and that said amount be paid out of the Self-Insured Liability Fund.
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WHEREAS, on August 20, 2024, a Metro waste services employee attempted to drive a refuse truck through the order lane of the McDonald’s at 2212 Nolensville Road, causing damage to the canopy covering the order kiosk; 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 McDonald’s Corporation related to the events detailed above be compromised and settled for $28,290.57, 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 property damage claim of McDonald’s Corporation for the sum of $28,290.57, 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 20, 2024, a Metro Waste Services division employee attempted to drive a waste truck through the order lane at the McDonald’s restaurant at 2212 Nolensville Road. The Metro truck struck the canopy over the order kiosk. Repairs to the canopy kiosk were estimated to cost $28,290.57.
The parties have participated in settlement negotiations and have agreed upon the settlement amount of $28,290.57, subject to approval from the Metropolitan Council. The Department of Law recommends settlement of the McDonald’s Corporation’s property damage claim for $28,290.57.
Disciplinary action against the Metro Waste Services employee involved is pending supervisor review.
Fiscal Note: The total settlement amount is $28,290.57. This settlement, along with Resolution Nos. RS2025-1114, RS2025-1120, and RS2025-1128, would be the 25th, 26th, 27th, and 28th payments after approval by Metropolitan Council from the Self-Insured Liability Fund in FY25 for a cumulative total of $1,353,677. The fund balance would be $7,289,002 after these payments.