File #: RS2024-763    Name:
Type: Resolution Status: Passed
File created: 9/19/2024 In control: Metropolitan Council
On agenda: 10/1/2024 Final action: 10/1/2024
Title: A resolution authorizing the Metropolitan Department of Law to compromise and settle the personal injury claim of Melvin Reed against the Metropolitan Government of Nashville and Davidson County in the amount of $35,000.00, and that said amount 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 personal injury claim of Melvin Reed against the Metropolitan Government of Nashville and Davidson County in the amount of $35,000.00, and that said amount be paid out of the Self-Insured Liability Fund.

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WHEREAS, on October 6, 2022, Plaintiff, Melvin Reed, was a passenger in a Nashville Department of Transportation and Multimodal Infrastructure (NDOT) work truck that was returning to NDOT’s East Center when it was unable to stop at a red light and collided with another vehicle at the Intersection of Trinity Lane and the Interstate 65/24 exit ramp. Plaintiff Reed alleges that due to the collision he 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 interests of the Metropolitan Government, and recommends that any and all claims or causes of action that Melvin Reed brought or could have brought related to the events detailed above be compromised and settled for $35,000.00, 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 Melvin Reed for the sum of $35,000.00, 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

 

One October 6, 2022, two Nashville Department of Transportation and Multimodal Infrastructure (“NDOT”) employees were traveling eastbound on Trinity Lane in an NDOT truck pulling a mini excavator on a flatbed trailer, with a combined weight of approximately 30,000 pounds. Melvin Reed, an NDOT employee, was the passenger in the NDOT truck. As the NDOT employees approached a traffic signal just past the Interstate 65/24 overpass, the traffic signal turned yellow and then red. The NDOT employee driving the truck was unable to stop and collided with a vehicle that was exiting the Interstate ramp, and that vehicle was pushed into another vehicle. Mr. Reed suffered an injury to his head and his knee as a result of the crash.

 

Mr. Reed was taken by ambulance to the emergency room with complaints of head pain, headache, neck pain, and right knee pain. He sought follow-up treatment at an urgent care facility. Mr. Reed’s medical claim was managed through the Metropolitan Government’s injury-on-duty (“IOD”) program. Mr. Reed was assessed at the Metro IOD clinic and found to have an acute strain of the neck, lumbar strain, and a contusion to his right knee and was referred to physical therapy for his ongoing neck and back pain. Mr. Reed attended a total of 12 physical therapy visits. He was released into full duty on November 10, 2022. Mr. Reed resigned from NDOT on December 9, 2022.

 

The Department of Law recommends settlement of Mr. Reed’s negligence claim for $35,000.

 

Disciplinary action taken against the driver of the NDOT truck consisted of a one-day suspension. Disciplinary action taken against Mr. Reed consisted of a written reprimand.

 

Fiscal Note: The total settlement amount is $35,000.00. This settlement along with Resolution Nos. RS2024-757, RS2024-760, and RS2024-761 would be the 8th, 9th, 10th, and 11th payments from the Self-Insured Liability Fund in FY25 for a cumulative total of $400,980. The fund balance would be $13,719,357 after this payment.