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A resolution authorizing the Metropolitan Department of Law to compromise and settle the personal injury claim of Robert Beene against the Metropolitan Government of Nashville and Davidson County in the amount of $7,000.00 and that said amount be paid out of the Self-Insured Liability Fund.
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WHEREAS, on August 13, 2024, Robert Beene’s vehicle was stopped at a stop sign at the intersection of Second Avenue North and Gay Street. A Davidson County Sheriff’s Office prisoner transport attempted to turn left from Gay Street onto Second Avenue North, sideswiping Mr. Beene’s vehicle and causing him injury; 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 Robert Beene related to the events detailed above be compromised and settled for $7,000.00, 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 Robert Beene for the sum of $7,000.00, 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 August 13, 2024, Robert Beene was stopped in his vehicle at the intersection of Second Avenue and Gay Street. A Davidson County Sheriff’s Office (“DCSO”) prisoner transport vehicle was traveling southbound on Gay Street when the driver attempted to turn onto Second Avenue North. The DCSO vehicle turned sharply and sideswiped Mr. Beene’s vehicle. Mr. Been’s property damage claim related to his vehicle was previously settled for $4,560.96.
Mr. Beene sought treatment at the emergency room in early September after the accident for left hip pain. He received an x-ray and pain medication. Later in September, Mr. Beene was treated at an orthopedic clinic for hip pain. Mr. Beene’s medical expenses totaled $3,085.36.
The parties have participated in settlement negotiations and have agreed upon the settlement amount of $7,000, subject to approval from the Metropolitan Council. The Department of Law recommends settlement of Mr. Beene’s personal injury claim for $7,000.
Disciplinary action against the DCSO employee involved is pending supervisor review.
Fiscal Note: The total settlement amount is $7,000. This settlement along with Resolution No. RS2025-1090 would be the 23rd and 24th payments after approval by Metropolitan Council from the Self-Insured Liability Fund in FY25 for a cumulative total of $1,274,879. The fund balance would be $12,106,031 after this payment.