title
A resolution authorizing the Metropolitan Department of Law to compromise and settle the personal injury claim of Lisa Bonkowski against the Metropolitan Government of Nashville and Davidson County in the amount of $157,165.44, and that said amount be paid out of the Self-Insured Liability Fund.
body
WHEREAS, on July 26, 2021, the Plaintiff, Lisa Bonkowski, tripped and fell on a pothole while using a designated crosswalk at the intersection of Broadway and 19th Avenue South in Davidson County, Nashville, Tennessee. Ms. Bonkowski alleges that due to the incident, she sustained injuries, expenses, and damages proximately caused by the negligence of the Metropolitan Government; 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 Lisa Bonkowski related to the events detailed above, be compromised and settled for $157,165.44, 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 Lisa Bonkowski for the sum of $157,165.44, 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 July 26, 2021, Lisa Bonkowski was walking in a crosswalk at the intersection of Broadway and 19th Avenue South. As she crossed the street, she stepped into a pothole, fell, and suffered fractures in her ankle and lower leg.
Ms. Bonkowski was taken to urgent care for in her injuries. Her fractures were diagnosed, and she received surgery after returning to her home in Florida. Ms. Bonkowski also suffered a sprained ankle ligament and a bruised knee. Her doctor stated that the ankle injury would continue to affect her in the future. Additional surgery will likely be needed to remove hardware in Ms. Bonkowski’s right fibula and debride her right ankle joint. Her medical expenses are estimated to total $50,000 to $55,000. Ms. Bonkowski also has a lost wages claim of $7,165.44 based on 288 hours of missed work as a recreational specialist at an elder care facility.
Ms. Bonkowski filed a lawsuit against the Metropolitan Government (“Metro”) and claimed that a defective, unsafe, or dangerous condition existed at the crosswalk. This pothole was the subject of at least eight HubNashville requests between February 2019 and June 2020. While repairs were made, the Hub requests mentioned that previous patches had not worked and that “someone will break an ankle” at the crosswalk.
The parties have participated in settlement negotiations and have agreed upon the settlement amount of $157,165.44, subject to approval from the Metropolitan Council. The Department of Law recommends settlement of Ms. Bonkowski’s personal injury claim for $157,165.44.
Fiscal Note: The total settlement amount is $157,165.44. This settlement would be the 36th payment after approval by the Metropolitan Council, from the Self-Insured Liability Fund in FY25 for a cumulative total of $1,935,342. The fund balance would be $11,444,443 after this payment.