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A resolution authorizing the Metropolitan Department of Law to compromise and settle the personal injury claim of Janice Sills against the Metropolitan Government of Nashville and Davidson County in the amount of $35,000.00, and that said amount be paid out of the Self-Insured Liability Fund.
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WHEREAS, on April 13, 2024, Janice Sills was on a food tour of East Nashville when she caught her foot on a portion of a rusted metal post protruding from the sidewalk, causing her to fall forward onto the edge of the sidewalk and into the street, causing injury to her head and right shoulder; 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 Janice Sills related to the events detailed above, be compromised and settled for $35,000.00, 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 Janice Sills for the sum of $35,000.00 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 13, 2024, Janice Sills caught her foot on a portion of a metal post protruding from the sidewalk. She fell forward, landing on her right shoulder. The force of the fall caused her to hit her head and face. The metal post had been a Metro school crossing sign that was removed.
Ms. Sills was taken by ambulance to the hospital where her wounds were cleaned and dressed. She continued treatment with her primary care doctor. It was later determined that she had a torn tendon in her shoulder, which required non-surgical physiotherapy, but surgery may be required in the future. Ms. Sills’ medical bills totaled $13,689.48.
The parties have participated in settlement negotiations and have agreed upon the settlement amount of $35,000, subject to approval from the Metropolitan Council. The Department of Law recommends settlement of Ms. Sills’ personal injury claim for $35,000.
Fiscal Note: The total settlement amount is $35,000. This settlement along with Resolution Nos. RS2025-1195 and RS2025-1202 would be the 30th, 31st and 32nd payments, after approval by Metropolitan Council, from the Self-Insured Liability Fund in FY25 for a cumulative total of $1,615,677. The fund balance would be $12,086,819 after these payments.