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A resolution authorizing the Metropolitan Department of Law to compromise and settle the personal injury claim of Taylor Wicke against the Metropolitan Government of Nashville and Davidson County in the amount of $89,258.00, and that said amount be paid out of the Self-Insured Liability Fund.
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WHEREAS, on October 29, 2022, Plaintiff Taylor Wicke was involved in an electric scooter accident on 12th Avenue North while riding om the public sidewalk. Ms. Wicke alleges that due to the accident, she sustained injuries 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 interest of the Metropolitan Government, and recommends that any and all claims or causes of action brought or that could have been brought by Taylor Wicke related to the events detailed above, be compromised and settled for $89,258.00, 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 Taylor Wicke for the sum of $89,258.00, 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 October 29, 2022, Taylor Wicke was riding a Spin scooter on the sidewalk near the intersection of 12th Avenue North and Broadway. As Mrs. Wicke was riding, she struck a stub of a damaged “no parking” sign in the sidewalk and was thrown from the scooter. Damage to the signpost had been reported to the Metropolitan Government (“Metro”) twice before Mrs. Wicke’s accident. Metro fixed the signpost no earlier than on October 7, 2022.
Mrs. Wicke was taken to the emergency room and diagnosed with a right wrist fracture and lacerations to her arms and nose. Mrs. Wicke received surgery and extensive physical therapy to address the injury to her wrist. Mrs. Wicke also suffered injuries to her teeth and received treatment to stabilize and reset them.
Mrs. Wicke filed a lawsuit against the Metropolitan Government alleging negligence. The Department of Law argued a lack of notice of the damaged signpost due to the recent repair. Metro also argued that the user agreement waived all claims against the Metro as a third-party beneficiary, and that Mrs. Wicke was at least 50 percent at fault for her failure to follow Metro Code of Laws and the terms of use by riding the scooter on the sidewalk. The trial court denied Metro’s motion for summary judgment.
The parties have participated in settlement negotiation and have agreed upon the settlement amount of $89,258. The Department of Law recommends settling Mrs. Wicke’s negligence claim for $89,258.
Fiscal Note: The total settlement amount is $89,258. This settlement, along with Resolution Nos. RS2026-2117, RS2026-2129, RS2026-2130 and RS2026-2133, would be the 1st, 2nd, 3rd, 4th and 5th payment, after approval by Metropolitan Council, from the Self-Insured Liability Fund in FY27 for a cumulative total of $507,258. The fund balance would be $12,324,333 after this payment.