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A resolution authorizing the Metropolitan Department of Law to compromise and settle the property damage claim of Pam Swoner against the Metropolitan Government of Nashville and Davidson County in the amount of $113,875.98, with said amount to be paid out of the Self-Insured Liability Fund.
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WHEREAS, on January 3, 2025, a sewer backup caused raw sewage to enter the home of Pam Swoner at 5917 Colchester Drive causing extensive damage to the lower level of the property; and,
WHEREAS, the backup caused Ms. Swoner to incur $90,000 in property damage; and,
WHEREAS, her insurance company incurred $23,875.98 for remediation and hotel expenses; and
WHEREAS, after investigation, the Department of Law believes 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 Pam Swoner be compromised and settled for a total of $113,875.98, 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 Pam Swoner for the sum of $113,875.98, with $90,000 to be paid to Ms. Swoner and $23,875.98 to be paid to Farm Bureau Insurance, with said amounts 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 January 3, 2025, a sewer backup caused raw sewage to enter the home of Pam Swoner at 5917 Colchester Drive and caused extensive damage to the lower level of the property. The Metropolitan Department of Water and Sewerage Services cleaned the main and unblocked the line. The crew later found that the main was broken.
Ms. Swoner reported the claims to her insurance company, which called All Pipes Plumbing to remediate the lower level of her home. Ms. Swoner was unsatisfied with the work and called Servpro to complete the cleanup and repairs.
The backup caused Ms. Swoner to incur $90,000 in property damage. Further, her insurance company incurred $23,875.98 for remediation and hotel expenses.
The parties have participated in settlement negotiations and have agreed upon the settlement amount of $113,875.98, subject to approval from the Metropolitan Council. The Department of Law recommends settlement of Ms. Swoner’s property damage claim for $113,875.98.
Fiscal Note: The total settlement amount is $113,875.98. This settlement would be the 13th payment, after approval by Metropolitan Council, from the Self-Insured Liability Fund in FY26 for a cumulative total of $1,920,499. The fund balance would be $11,611,849 after these payments.