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A resolution authorizing the Metropolitan Department of Law to compromise and settle the property damage claim of the Cincinnati Insurance Company as subrogee of Kristen Smith against the Metropolitan Government of Nashville and Davidson County in the amount of $30,434.50, and that said amount be paid out of the Self-Insured Liability Fund.
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WHEREAS, on April 14, 2025, an NDOT employee, in the course and scope of his employment, attempted to make a turn on Woodmont Boulevard striking the westbound vehicle driven by Kristen Smith, causing extensive damage to the vehicle; 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 the Cincinnati Insurance Company as subrogee of Kristen Smith related to the events detailed above, be compromised and settled for $30,434.50, 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 the Cincinnati Insurance Company as subrogee of Kristen Smith for the sum of $30,434.50 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 14, 2025, a Nashville Department of Transportation and Multimodal Infrastructure (“NDOT”) driver stopped his vehicle to pick up a dead animal on the side of the road. When he was finished, the driver attempted to turn around to drive in the opposite direction. As the NDOT vehicle attempted to re-enter the roadway, it failed to yield the right-of-way and pulled into the path of a vehicle driven by Kristen Smith. The claimant’s vehicle received damage to the front bumper, grille, headlights, radiator support, air conditioning, hood, and fender. Repairs to the vehicle totaled $28,934.50, and additional rental car costs amounted to $1,500.
The parties have participated in settlement negotiations and have agreed upon the settlement amount of $30,434.50, subject to approval from the Metropolitan Council. The Department of Law recommends settlement of the property damage claim of the Cincinnati Insurance Company, as subrogee for Kristen Smith, for $30,434.50.
The NDOT employee was disciplined and received remedial training.
Fiscal Note: The total settlement amount is $30,434.50. This settlement along with Resolution No. RS2025-1465 and RS2025-1468 would be the 9th,10th, and 11th payments, after approval by Metropolitan Council, from the Self-Insured Liability Fund in FY26 for a cumulative total of $1,780,946. The fund balance would be $9,134,380 after these payments.