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A resolution authorizing the Metropolitan Department of Law to compromise and settle the personal injury claim of Jose Gustavo Mujica Arcos against the Metropolitan Government of Nashville and Davidson County in the amount of $74,000.00, and that said amount be paid out of the Self-Insured Liability Fund.
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WHEREAS, on April 21, 2021, Plaintiff Jose Gustavo Mujica Arcos was involved in a motor vehicle accident at the intersection of Antioch Pike and Harding Place. Mr. Arcos alleges that due to the accident, he sustained injuries and damages proximately caused by the negligence of Metro, arising out of the accident; 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 Jose Gustavo Mujica Arcos related to the events detailed above, be compromised and settled for $74,000.00, 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 claim of Jose Gustavo Mujica Arcos for the sum of $74,000.00, 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 April 21, 2021, Jose Arcos was stopped at a stop light at the intersection of Antioch Pike and Harding Place. As Mr. Arcos waited to turn, a Metro Water Services (“MWS”) vehicle sat behind Mr. Arcos. The MWS employee driving the vehicle began to move forward and struck Mr. Arco’s vehicle.
Mr. Arcos went to the emergency room later that day complaining of knee and back pain. Following his initial emergency room visit, Mr. Arcos sought follow-up treatment, including advanced imaging and chiropractic services. Mr. Arcos filed a negligence claim against the Metropolitan Government, alleging lost wages from the injury.
The parties have participated in settlement negotiations and have agreed upon the settlement amount of $74,000, subject to approval from the Metropolitan Council. The Department of Law recommends settlement of Mr. Arcos’ claims for $74,000.
The MWS employee involved in the wreck received a documented verbal reprimand for his actions.
Fiscal Note: The total settlement amount is $74,000. This settlement, along with Resolution No. RS2026-1923, would be the 25th and 26th payments, after approval by Metropolitan Council, from the Self-Insured Liability Fund in FY26 for a cumulative total of $3,270,547. The fund balance would be $10,681,565 after this payment.