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A resolution authorizing the Metropolitan Department of Law to compromise and settle the personal injury claim of Kathryn McSweeney against the Metropolitan Government of Nashville and Davidson County in the amount of $48,000.00, and that said amount be paid out of the Self-Insured Liability Fund.
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WHEREAS On April 19, 2022, the Plaintiff, Kathryn McSweeney was walking on the sidewalk near the Tennessee Office of Vital Records at 710 James Robertson Parkway in Nashville, Tennessee, when she tripped and fell on an uneven and raised walkway section of the sidewalk. Plaintiff, Kathryn McSweeney alleges that due to the fall, she sustained injuries, expenses and damages proximately caused by the negligence of Metro; 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 interests of the Metropolitan Government, and recommends that any and all claims or causes of action brought or that could have been brought by Kathryn McSweeney related to the events detailed above, be compromised and settled for $48,000.00, 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 personal injury claim of Kathryn McSweeney for the sum of $48,000.00 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 April 19, 2022, Kathryn McSweeney was walking from a parking lot across Rosa L Parks Blvd. to the Tennessee Office of Vital Records with her adult son. Ms. McSweeney, then 71, tripped on the front edge of a sidewalk slab that had raised and been displaced by tree roots. Ms. McSweeney fell toward the ground and landed on her hands and knees. The displaced area of the sidewalk was covered in shade at the time of the incident. Ms. McSweeney was helped to the building and received treatment by front office staff for scrapes. She later was helped to her car and returned home. The slab of sidewalk was later replaced due to reports of tripping hazards.
About 10 days later, Ms. McSweeney was taken to the hospital for additional treatment. She was treated for injuries to her wrist, knees, and thumb. She developed inflammation in both wrists that resulted in carpel tunnel syndrome, bilateral knee pain, and arthritis in her left thumb. Ms. McSweeney received physical therapy, injections, orthopedic care, and carpal tunnel surgery on both wrists. Ms. McSweeney claimed $30,678.63 in medical expenses.
Ms. McSweeney raised claims against the Metropolitan Government related to a defective, unsafe, or dangerous condition of the sidewalk. The claims have been negotiated and the parties have agreed upon the settlement amount, subject to Council approval. The Department of Law recommends settlement of Ms. McSweeney’s personal injury claim for $48,000.
Fiscal Note: The total settlement amount is $48,000. This settlement along with RS2025-990 would be the 17th and 18th payment after approval by the Metropolitan Council from the Self-Insured Liability Fund in FY25 for a cumulative total of $1,025,258. The fund balance would be $13,023,698 after this payment.