File #: RS2021-1107    Name:
Type: Resolution Status: Withdrawn
File created: 8/6/2021 In control: Metropolitan Council
On agenda: 8/17/2021 Final action: 8/17/2021
Title: A resolution authorizing the Metropolitan Department of Law to compromise and settle the personal injury claim of Kristen Jenkins against the Metropolitan Government of Nashville and Davidson County in the amount of $8,037.27, with said amount to be paid out of the Self-Insured Liability Fund.
Sponsors: Kyonzte Toombs
Attachments: 1. RS2021-1107 Letter to Clerk

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A resolution authorizing the Metropolitan Department of Law to compromise and settle the personal injury claim of Kristen Jenkins against the Metropolitan Government of Nashville and Davidson County in the amount of $8,037.27, with said amount to be paid out of the Self-Insured Liability Fund.

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WHEREAS, on April 6, 2021, an employee of the Metropolitan Transportation Department, while operating a vehicle owned by the Metropolitan Government, was driving northbound toward the intersection of Gallatin Pike and Neelys Bend Road when he attempted to turn left in front of Kristen Jenkins’ southbound vehicle, causing Ms. Jenkins to swerve off the road to avoid a collision and causing her personal injury; 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 property damage claim be compromised and settled for $8,037.27, 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 property damage claim of Kristen Jenkins for the sum of $8,037.27 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 April 6, 2021, Kristen Jenkins was traveling southbound on Gallatin Pike. A Nashville Department of Transportation (NDOT) employee was traveling northbound and attempted a left turn in front of Ms. Jenkins. To avoid a collision, Ms. Jenkins swerved, running off the road and into a bush and pole. The damage to Ms. Jenkins’s vehicle was previously paid for $1,349.45.

 

Mr. Jenkins reported back and left shoulder pain. Her medical care totaled $6,037.27.

 

The Metropolitan Department of Law recommends settling Ms. Jenkins’s personal injury claim for $8,037.27, including $2,000 for pain and suffering and lost wages.

 

Fiscal Note: This $8,037.27 settlement, along with the settlement per Resolution Nos. RS2021-1095, RS2021-1105, RS2021-1106 and RS2021-1108 would be the 3rd, 4th, 5th, 6th and 7th payments from the Self-Insured Liability Fund in FY22 for a cumulative total of $379,625. The fund balance would be $1,301,766 after these payments.