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A resolution authorizing the Metropolitan Department of Law to compromise and settle the property damage claim of Nationwide Insurance as subrogee of Courtney Benner against the Metropolitan Government of Nashville and Davidson County in the amount of $15,850.00, with said amount to be paid out of the Self-Insured Liability Fund.
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WHEREAS, on June 8, 2024, an employee of the Metropolitan Water and Sewer Department, while operating a vehicle owned by the Metropolitan Government, lost control of the Dodge Ram he was driving when the rear tires blew out and the truck began to fishtail and veer off the roadway striking a mailbox and retaining wall, causing extensive property damage; 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 the property damage claim of Nationwide Insurance as subrogee of Courtney Benner be compromised and settled for $15,850.00, 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 property damage claim of Nationwide Insurance as subrogee of Courtney Benner for the sum of $15,850.00 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 June 8, 2024, an employee of the Metropolitan Department of Water and Sewerage Services (“MWS”) was driving a MWS truck on Neelys Bend Road. The MWS truck’s rear tire blew out and the truck veered off the roadway, knocking down a mailbox and retaining wall on property owned by Courtney Benner.
The estimated total to remove the stone and mortar and to rebuild the damaged wall is $15,850. Ms. Benner’s insurance carrier, Nationwide Insurance, paid for the damage Ms. Benner’s property.
The Department of Law recommends settlement of the property damage claim of Nationwide Insurance, as subrogee of Ms. Benner, for $15,850.
Disciplinary action against the MWS employee involved is pending supervisor review.
Fiscal Note: The total settlement amount is $15,850. This settlement along with Resolution Nos. RS2025-1010 and RS2025-1031 would be the 19th, 20th, and 21st payments after approval by the Metropolitan Council from the Self-Insured Liability Fund in FY25 for a cumulative total of $1,210,787. The fund balance would be $12,809,165 after this payment.