File #: RS2022-1864    Name:
Type: Resolution Status: Passed
File created: 11/3/2022 In control: Metropolitan Council
On agenda: 11/15/2022 Final action: 11/15/2022
Title: A resolution authorizing the Metropolitan Department of Law to compromise and settle the property damage claim of Samuel Beasley against the Metropolitan Government of Nashville and Davidson County in the amount of $19,967.05, with said amount to be paid out of the Self-Insured Liability Fund.
Sponsors: Kevin Rhoten
Attachments: 1. Letter to Metro Clerk

title

A resolution authorizing the Metropolitan Department of Law to compromise and settle the property damage claim of Samuel Beasley against the Metropolitan Government of Nashville and Davidson County in the amount of $19,967.05, with said amount to be paid out of the Self-Insured Liability Fund.

body

WHEREAS, on April 21, 2022, as a Metro fire engine was responding to a call, with emergency equipment activated, a five-inch fire hose disengaged from the hose bed and began feeding across I-24 East covering four lanes of the interstate.  As the interstate was dark and unlit, the fire crew was unaware that the hose had deployed.  Samuel Beasley drove over the fire hose, causing extensive damage to his 2022 Nissan Sentra S; 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 $19,967.05, 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 Samuel Beasley for the sum of $19,967.05, 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 21, 2022, a Nashville Fire Department (“NFD”) engine was driving on I-24 East while responding to a call. A five-inch fire hose disengaged from the hose bed and began feeding across I-24 East covering four lanes of the interstate. The NFD employee driving the engine stated that the engine struck several potholes which may have caused the hose to disengage. Mr. Samuel Beasley drove over the fire hose, causing extensive damage to his vehicle, including damage to the front bumper, grille, oil pan, oil pump, front suspension, wheel alinement, and engine. The subrogation demand from Mr. Beasley’s insurance provider, State Farm Insurance, is $19,967.05, which includes the amount of property damage paid, the claimant’s deductible, and the payment for a rental car.

 

The Department of Law recommends settlement of the subrogation demand of Mr. Beasley’s insurance provider, State Farm Insurance, in the amount of $19,967.05.

 

No disciplinary action was taken against the NFD employee.

 

Fiscal Note: This $19,967.05 settlement, along with the settlements per Resolution Nos. RS2022-1865, and RS2022-1878 be the 15th, 16th, and 17th payments from the Self-Insured Liability Fund in FY23 for a cumulative total of $548,700. The fund balance would be $15,690,168 after these payments.