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A resolution authorizing the Metropolitan Department of Law to compromise and settle the personal injury claims of Emma and Kyle Manning against the Metropolitan Government of Nashville and Davidson County in the amount of $100,000.00, and that said amount be paid out of the Self-Insured Liability Fund.
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WHEREAS, on August 4, 2023, Plaintiff Emma Manning was involved in an accident with a Metro vehicle while approaching the intersection of Old Hickory Boulevard and a private driveway at 3838 Old Hickory Boulevard, Nashville, Tennessee 37138; and,
WHEREAS, Plaintiff Emma Manning alleges that, due to the accident, she sustained injuries, expenses, and damages proximately caused by the negligence of the Metropolitan Government, and Plaintiff Kyle Manning also alleges loss of consortium arising out of his wife’s injuries; 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 Emma and Kyle Manning related to the events detailed above, be compromised and settled for $100,000.00, 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 claims of Emma and Kyle Manning for the sum of $100,000.00, 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 4, 2023, a Metropolitan Nashville Police Department (“MNPD”) officer was operating a Metro-owned vehicle when he left a business parking lot and attempted a left turn across two northbound lanes to travel south on Old Hickory Boulevard. The officer could not see the vehicle driven by Emma Manning as she was blocked by another vehicle attempting to turn right into the parking lot. The MNPD vehicle failed to yield to oncoming traffic and collided with Ms. Manning’s vehicle. Ms. Manning’s vehicle was declared a total loss, and the Metropolitan Government settled a property damage claim related to the car as approved by Resolution RS2024-694.
Ms. Manning, who was 10 weeks pregnant at the time, was taken to the emergency room, where she was treated for cuts, bruises, and abrasions. She received extensive physical therapy for neck and back pain. Ms. Manning’s medical costs totaled $51,404.06.
Ms. Manning filed negligence claims against the Metropolitan Government, and her husband sued for loss on consortium. Immunity under the Tennessee Governmental Tort Liability Act is generally removed for injuries resulting from the negligent operation of a vehicle within the course and scope of employment.
The parties have participated in settlement negotiations and have agreed upon the settlement amount of $100,000 subject to approval from the Metropolitan Council. The Department of Law recommends settlement of the Manning’s personal injury claims for a combined $100,000.
The MNPD officer involved in the collision received a written reprimand following the incident consistent with the MNPD disciplinary matrix. This incident was the first “care of property” offense for the 25-year veteran MNPD officer.
Fiscal Note: The total settlement amount is $100,000. This settlement along with Resolution No. RS2025-1445, RS2025-1447 and RS2025-1458 would be the 5th, 6th, 7th and 8th payments, after approval by Metropolitan Council, from the Self-Insured Liability Fund in FY26 for a cumulative total of $1,185,512. The fund balance would be $9,902,135 after these payments.