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A resolution authorizing the Metropolitan Department of Law to compromise and settle the property damage claim of Phene Wardlaw against the Metropolitan Government of Nashville and Davidson County in the amount of $53,954.40, with said amount to be paid out of the Self-Insured Liability Fund.
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WHEREAS, on September 25, 2025, raw sewage from a blocked sewer main entered the home of Phene Wardlaw at 1405 Woodland Street causing extensive damage to the property; 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 Phene Wardlaw be compromised and settled for a total of $53,954.40, 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 Phene Wardlaw for the sum of $53,954.40, 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 September 25, 2025, Phene Wardlaw experienced significant flooding at her 1405 Woodland Street home. The flooding was caused by a blockage in the Metropolitan Department of Water and Sewerage Services sewer systems. Ms. Wardlaw experienced a sewer backup inside her home and encapsulated crawlspace. A later investigation found that a brick sewer main collapsed and caused the incident.
The parties have participated in settlement negotiations and have agreed upon the settlement amount of $53,954.40, subject to approval from the Metropolitan Council. The Department of Law recommends settlement of Ms. Wardlaw’s property damage claim for $53,954.40.
Fiscal Note: The total settlement amount is $53,954.40. This settlement along with Resolution No. RS2026-1791 would be the 20th and 21st payments, after approval by Metropolitan Council, from the Self-Insured Liability Fund in FY26 for a cumulative total of $2,763,119. The fund balance would be $10,360,520 after these payments.