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A resolution authorizing the Metropolitan Department of Law to compromise and settle the personal injury claim of Byron Bach against the Metropolitan Government of Nashville and Davidson County in the amount of $120,000.00, and that said amount be paid out of the Self-Insured Liability Fund.
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WHEREAS, on May 3, 2023, Plaintiff Byron Bach was involved in an accident while bicycling on the Harpeth River Greenway when he became entangled in loose, defective netting for which the Metropolitan Government was responsible, and,
WHEREAS, Mr. Bach alleges that due to the accident, he sustained injuries and damages proximately caused by Metro’s negligence also arising out of the accident; 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 Byron Bach related to the events detailed above be compromised and settled for $120,000.00, 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 claims of Byron Bach for the sum of $120,000.00, 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 May 3, 2023, Byron Bach was riding a bicycle on the Harpeth River Greenway. The Harpeth River Greenway is partially lined with protective netting where it abuts the Harpeth Valley Golf Center to protect greenway users from errant golf balls. On the day of Mr. Bach’s injury, portions of the netting had come loose and were blowing in and out of the greenway. Mr. Bach’s handlebars became entangled in loose netting, throwing Mr. Bach to the ground and causing him to hit his head.
Despite wearing a helmet, Mr. Bach has suffered permanent injury to the head, a fractured sacrum, lacerations on his arms, and nerve damage to his left side, including his left extremities and left eye. Mr. Bach has undergone speech, neurological, and therapeutic physical therapy and treatment. He will continue to require treatment for his injuries.
The parties have participated in settlement negotiations and have agreed upon the settlement amount of $120,000, subject to approval from the Metropolitan Council. The Department of Law recommends settlement of Mr. Bach’s claims for $120,000.
Following this incident, the Parks and Recreation Department is seeking a permanent engineering solution to prevent the netting from becoming loose. Until a permanent solution has been reached, the Parks and Recreation Department will install a sign to warn future cyclists of the danger. This portion of the greenway is currently closed to cyclists until the signage is installed.
Fiscal Note: The total settlement amount is $120,000. This settlement would be the 27th payment, after approval by Metropolitan Council, from the Judgment and Losses Fund in FY26 for a cumulative total of $3,390,457. The fund balance would be $12,744,821 after this payment.