File #: RS2022-1756    Name:
Type: Resolution Status: Passed
File created: 8/22/2022 In control: Metropolitan Council
On agenda: 9/6/2022 Final action: 9/6/2022
Title: A resolution authorizing the Metropolitan Department of Law to compromise and settle the personal injury claim of Linda Thompson against the Metropolitan Government for $52,000.00, with said amount to be paid out of the Self-Insured Liability Fund.
Sponsors: Kevin Rhoten, Jennifer Gamble
Attachments: 1. Letter to Metro Clerk

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A resolution authorizing the Metropolitan Department of Law to compromise and settle the personal injury claim of Linda Thompson against the Metropolitan Government for $52,000.00, with said amount to be paid out of the Self-Insured Liability Fund.

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WHEREAS, on September 8, 2021, an employee of the Metro Water Services Department, while operating a vehicle owned by the Metropolitan Government, attempted to turn right onto Dickerson Pike from West Trinity Lane, striking Linda Thompson’s vehicle in the rear and causing injury to Ms. Thompson; 

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 personal injury claim of Linda Thompson be compromised and settled for $52,000.00, 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 Linda Thompson for the sum of $52,000.00 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 8, 2021, Linda Thompson was driving and executed a left turn onto Dickerson Pike. Her vehicle was struck by a Metro truck making a right turn onto Dickerson Pike from West Trinity Lane. Ms. Thompson’s vehicle spun around and jumped the curb. Ms. Thompson’s vehicle was damaged extensively and deemed a total loss. A payment of $5,000 was previously paid to Ms. Thompson related to her vehicle.

 

Ms. Thompson went to the hospital complaining of a headache and lower left back pain and received a CT scan. She was diagnosed with a lumbar spine fracture and head injury. She followed up with her primary care physician complaining of continued back pain. She was referred to an orthopedist for further care. Her medical costs totaled $33,319.93.

 

The Department of Law recommends settlement of this personal injury claim for $52,000, which includes her medical costs and pain and suffering.

 

Disciplinary action taken against the Metro employee involved consisted of a reprimand.

 

Fiscal Note: This $52,000 settlement, along with the settlement per Resolution Nos. RS2022-1735, RS2022-1754 and RS2022-1755 would be the 8th, 9th, 10th, and 11th payments from the Self-Insured Liability Fund in FY23 for a cumulative total of $251,875. The fund balance would be $12,744,483 after these payments.