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A resolution authorizing the Metropolitan Department of Law to compromise and settle the personal injury claim of Michael Cook against the Metropolitan Government for $140,000, with said amount to be paid out of the Self-Insured Liability Fund.
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WHEREAS, on September 14, 2023, Michael Cook was east bound on Briley Parkway when traffic slowed and the vehicle behind him stopped. The stopped vehicle was struck from behind by an NDOT truck pulling a skid loader, causing a chain reaction accident. The vehicle behind Mr. Cook’s truck was pushed into the rear of his GMC Sierra, causing injury to him; 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 the personal injury claim of Michael Cook be compromised and settled for $140,000, 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 Michael Cook for the sum of $140,000 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 14, 2023, a Nashville Department of Transportation and Multimodal Infrastructure (“NDOT”) truck was travelling east on Briley Parkway while pulling a skid loader on a trailer. As traffic slowed down, the vehicle directly in front of the NDOT truck stopped. The NDOT driver could not stop in time and collided with that vehicle, causing a chain reaction with three vehicles. The second vehicle was pushed into the rear of Michael Cook’s vehicle, which was pushed into the rear of the lead vehicle. The police report, vehicle damage, and resting location of the vehicles indicated that the NDOT driver failed to maintain proper distance and control of the truck. Mr. Cook’s vehicle was declared a total loss, and Mr. Cook was previously paid $5,000.
Following the wreck, Mr. Cook reported headaches, chest pain, and soreness. He was taken by ambulance to the emergency room. Mr. Cook also sought additional medical treatment on October 6, 2023, and from November 14, 2023, through January 29, 2024. An x-ray and CT scan indicated a dislocated medial clavicle, and Mr. Cook was successfully treated for his injury.
The Department of Law recommends settlement of Mr. Cook’s personal injury claims for $140,000.
Disciplinary action against the NDOT driver consisted of a written reprimand.
Fiscal Note: The total settlement amount is $140,000. This settlement along with Resolution Nos. RS2024-627 and RS2024-635 would be the 1st, 2nd, and 3rd payment from the Self-Insured Liability Fund in FY25 for a cumulative total of $203,386. The fund balance would be $15,013,389 after this payment.