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A resolution authorizing the Metropolitan Department of Law to compromise and settle the personal injury claim of Donald Stickrod against the Metropolitan Government of Nashville and Davidson County in the amount of $65,000.00, and that said amount be paid out of the Self-Insured Liability Fund.
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WHEREAS, on November 30, 2020, the Plaintiff, Donald Stickrod, was a passenger in a vehicle driven by Joshua Norman, which was involved in a motor vehicle accident at the intersection of Maxwell Road and LaVergne Couchville Pike. Mr. Stickrod alleges the intersection was unsafe, dangerous and defective and that he sustained injuries, expenses, and damages caused by the alleged 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 interest of the Metropolitan Government, and recommends that any and all claims or causes of action brought or that could have been brought by Donald Stickrod related to the events detailed above be compromised and settled for $65,000.00, 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 Donald Stickrod for the sum of $65,000.00, 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 November 30, 2020, Donald Stickrod was a passenger in a work van driven by his stepson and colleague, Joshua Norman. The two men were travelling westbound on Maxwell Road, and Mr. Norman failed to see a stop sign at the intersection of LaVergne Couchville Pike. The van entered the intersection and struck the driver’s side of another vehicle travelling northbound on LaVergne Couchville Pike. The van driven by Mr. Norman flipped onto its side and into an adjacent yard. The other vehicle careened off the roadway and struck a house in the southwest corner of the intersection. At the time, stop signs at that intersection were only placed on Maxwell Road. Mr. Stickrod alleged that the stop sign was obscured by tree branches and that he did not recognize it in time.
Mr. Stickrod was taken by ambulance to the emergency room, where he was treated for lacerations, a concussion with possible head injury, and neck, shoulder, and back pain. Mr. Stickrod also saw his primary care physician and obtained physical therapy to deal with consistent neck pain. Mr. Stickrod incurred $54,999 in medical expenses and approximately $1,400 in lost wages.
Mr. Stickrod filed a lawsuit claiming negligence against the Metropolitan Government, alleging that the intersection was dangerous and defective because of the allegedly obscured stop sign and a lack of proper traffic control measures and signage at the intersection of LaVergne Couchville Pike and Maxwell Road. NDOT received a service request five months before the collision advising that branches were blocking the stop sign, and records indicated that a work order to trim the branches was completed days later. This intersection was the subject of several service requests and citizen complaints.
The parties have participated in settlement negotiations and have agreed upon the settlement amount of $65,000, subject to approval from the Metropolitan Council. The Department of Law recommends settlement of Mr. Stickrod’s personal injury claim for $65,000.
Fiscal Note: The total settlement amount is $65,000. This settlement would be the 33rd payment after approval by the Metropolitan Council from the Self-Insured Liability Fund in FY25 for a cumulative total of $1,680,677. The fund balance would be $11,917,049 after this payment.