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A resolution authorizing the Metropolitan Department of Law to compromise and settle the personal injury claim of Yasmin McKinney against the Metropolitan Government of Nashville and Davidson County in the amount of $17,186.94, and that said amount be paid out of the Self-Insured Liability Fund.
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WHEREAS, Yasmin McKinney claims personal injuries and damages resulting from a motor vehicle accident on August 31, 2021, when a Nashville Fire Department ambulance struck Ms. McKinney’s vehicle from the rear. Ms. McKinney pulled her vehicle to the right on Interstate 40, but the ambulance collided with the rear of her vehicle as the ambulance approached an emergency on the right shoulder nearby, 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 Yasmin McKinney related to the events detailed above, be compromised and settled for $17,186.94, 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 Yasmin McKinney for the sum of $17,186.94, 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 31, 2021, Yasmin D. McKinney was travelling east in the far-right lane on Interstate 40 East. She noticed that an ambulance with lights and sirens activated was approaching from behind and merged onto the right shoulder. The ambulance also merged onto the right shoulder. Ms. McKinney stopped her vehicle in compliance with Tennessee law. The ambulance driver was unable to stop the ambulance and rear-ended Ms. McKinney’s vehicle on the right shoulder. The Metropolitan Government previously paid $13,601.04 to the claimant’s insurance carrier for the property damage to Ms. McKinney’s vehicle arising from the collision.
Ms. McKinney was transported to the hospital, where she was treated for head, neck, and shoulder pain. She received additional testing for pain in her mid-back and was referred to physical therapy. Ms. McKinney was diagnosed with thoracic pain and successfully treated with muscle relaxers and physical therapy. Ms. McKinney incurred $12,264.87 in medical bills.
The Department of Law recommends settlement of Ms. McKinney’s claim for $17,186.94.
Disciplinary action against the ambulance driver consisted of a three-day suspension.
Fiscal Note: The total settlement amount is $17,186.94. This settlement along with Resolution Nos. RS2024-774, and RS2024-796 would be the 12th, 13th and 14th payments from the Self-Insured Liability Fund in FY25 for a cumulative total of $566,087. The fund balance would be $13,620,531 after this payment.