title
A resolution authorizing the Metropolitan Department of Law to compromise and settle the personal injury claim of Monica Bermudez against the Metropolitan Government of Nashville and Davidson County in the amount of $60,000.00, and that said amount be paid out of the Self-Insured Liability Fund.
body
WHEREAS, on September 13, 2022, the Plaintiff, Monica Bermudez had a trip and fall while walking through the crosswalk at the intersection of Commerce Street and Rep. John Lewis Way in Davidson County, Nashville, Tennessee. Plaintiff Monica Bermudez alleges that, due to the incident, she sustained injuries, expenses, and damages proximately caused by the negligence of the Metropolitan Government; 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 Monica Bermudez related to the events detailed above, be compromised and settled for $60,000.00, 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 Monica Bermudez for the sum of $60,000.00 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 September 13, 2022, Monica Bermudez tripped over the base of a bicycle lane bollard outside of the crosswalk of Commerce Street and Rep. John Lewis Way. Her foot caught the empty bicycle lane bollard base, leading her to fall and strike her forehead on a nearby curb.
Ms. Bermudez suffered two serious cuts because of the incident. She went to the hospital where she was treated for the cuts and a concussion. Ms. Bermudez retains a large scar on her forehead following the injuries. Ms. Bermudez incurred $17,080 in out-of-pocket expenses, claimed $6,000 in lost wages, and will incur an estimated $3,500 in future medical expenses for scar reduction treatment.
The Nashville Department of Transportation and Multimodal Infrastructure (“NDOT”) received notice of the broken bollard three months before the incident occurred. A report to hubNashville on June 7, 2022, stated that the bollard was “crushed by a vehicle.” NDOT did not immediately replace the bollard post because it was waiting for a planned street resurfacing on Commerce Street. After the incident, the bollard post was replaced on September 29, 2022, at NDOT’s request.
The parties have participated in settlement negotiations and have agreed upon the settlement amount of $60,000, subject to approval from the Metropolitan Council. The Department of Law recommends settlement of Project Resources Group’s claim for $60,000.
Fiscal Note: The total settlement amount is $60,000.00. This settlement along with Resolution No. RS2025-1368, RS2025-1372 and RS2025-1373 would be the 1st, 2nd, 3rd and 4th payments, after approval by Metropolitan Council, from the Self-Insured Liability Fund in FY26 for a cumulative total of $445,194. The fund balance would be $10,946,658 after these payments.