File #: RS2024-796    Name:
Type: Resolution Status: Passed
File created: 10/3/2024 In control: Metropolitan Council
On agenda: 10/15/2024 Final action: 10/15/2024
Title: A resolution authorizing the Metropolitan Department of Law to compromise and settle the property damage claim of Michelle Evans against the Metropolitan Government of Nashville and Davidson County in the amount of $22,920.88, 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 property damage claim of Michelle Evans against the Metropolitan Government of Nashville and Davidson County in the amount of $22,920.88, with said amount to be paid out of the Self-Insured Liability Fund.

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WHEREAS, on August 14, 2024, a Metro Water Department employee, in the course and scope of his employment, while driving a Metro compactor truck, was stopped in a turn lane on Thompson Lane.  The Metro driver did not realize that another vehicle had stopped behind him.   He began backing the compactor truck and struck the vehicle driven by Michelle Evans, causing extensive damage to its front end; and,   

WHEREAS, after investigation, the Department of Law believes the settlement listed in Section 1 is fair and reasonable and in the best interest of the Metropolitan Government and recommends that the property damage claim of Michelle Evans be compromised and settled for a total of $22,920.88, 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 Michelle Evans for the sum of $22,920.88, 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 14, 2024, a Metro Water compactor truck was stopped in a turn lane on Thompson Lane. The Metro Water driver started to back up the compactor truck and did not see the vehicle driven by Michelle Evans, which was directly behind the compactor truck. The Metro Water truck struck Ms. Evans’ vehicle and caused extensive damage to the vehicle’s front end.

 

The Department of Law recommends settlement of Ms. Evans’ property damage claim for $22,920.88.

 

Disciplinary action against the Metro Water employee is pending supervisor review.

 

Fiscal Note: The total settlement amount is $22,920.88. This settlement along with Resolution Nos. RS2024-774, and RS2024-788 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.