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A resolution authorizing the Metropolitan Department of Law to compromise and settle the personal injury claim of Brittney Abernathy against the Metropolitan Government of Nashville and Davidson County in the amount of $67,500.00, with said amount to be paid out of the Self-Insured Liability Fund.
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WHEREAS, on May 8, 2024, a Metropolitan Nashville police officer was stopped in traffic on Gallatin Pike South when the traffic light turned green, and traffic began moving. The Honda Accord in front of the MNPD Ford Explorer stopped suddenly. The MNPD vehicle did not have time to stop and rear-ended the Honda Accord pushing it into the rear of Brittney Abernathy’s Jeep Renegade, causing her injury.
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 Brittney Abernathy related to the events detailed above be compromised and settled for $67,500.00, 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 Brittney Abernathy for the sum of $67,500.00, 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 8, 2024, a Metropolitan Nashville Police Department (“MNPD“) officer was stopped in southbound traffic on Gallatin Pike. As traffic began moving, the driver in front of the MNPD officer stopped abruptly. The MNPD officer did not have time to stop, and the police vehicle rear-ended the vehicle in front of it. A chain reaction occurred, and a third vehicle, driven by Brittney Abernathy, was struck by the second vehicle. A review of the incident and the officer’s narrative led to the determination that the officer was distracted and failed to maintain control and proper distance from the vehicle in front of him.
Ms. Abernathy complained of pain in her upper left chest and lower back. She received medical attention at the emergency room and received further chiropractic treatment after the incident. The treatment relieved and reduced pain in her chest and lower back area.
The parties have participated in settlement negotiations and have agreed upon the settlement amount of $67,500, subject to approval from the Metropolitan Council. The Department of Law recommends settlement of Ms. Abernathy’s personal injury claim for $67,500.
Disciplinary action against the MNPD officer involved in this crash is pending supervisor review.
Fiscal Note: The total settlement amount is $67,500. This settlement along with Resolution No. RS2025-1278 would be the 33rd and 34th payments, after approval by Metropolitan Council, from the Self-Insured Liability Fund in FY25 for a cumulative total of $1,778,177. The fund balance would be $11,850,223 after these payments.