RESOLUTION NO. RS2003-1426

A resolution approving the compromise and settlement of the lawsuit of Michael Saunders, et al against the Metropolitan Government for the amount of fifty-five thousand dollars ($55,000) and directing that this amount be paid out of the Self-Insured Liability Fund.

Whereas, on April 30, 1999, an automobile driven by Julia Saunders was struck by an automobile driven by Gabriel Dryden who failed to observe a “Yield” sign because it was obscured by vegetation and because no warning sign existed, thereby causing injury to Julia Saunders and Hunter Saunders; and

Whereas, as a result of this collision, Michael Saunders, Julia Saunders and Hunter Saunders (the Saunders) filed a lawsuit against the Metropolitan Government; Gabriel Dryden and his parents, Sylvia and Gary Dryden; and James Rawls, the property owner on which the vegetation existed; and

Whereas, Hunter and Julia Saunders suffered significant personal as a result of the accident; and

Whereas, the Court of Appeals has issued a ruling in this case that the Metropolitan Government may be held liable for its failure to adequately warn motorists of the condition of the intersection; and

Whereas, the co-defendants in this matter have already reached a settlement with the Saunders, which required the Saunders to assign their rights to any future settlement with the Metropolitan Government to the Drydens; and

Whereas, after a thorough investigation of this accident, the Department of Law believes that the settlement set forth in Section 1 below is fair and reasonable, and recommends that the this lawsuit be compromised and settled and that said amount be paid out of the Self-Insured Liability Fund.

Now, therefore, be it resolved by the Council of The Metropolitan Government of Nashville and Davidson County:

Section 1. That the Metropolitan Department of Law is authorized to compromise and settle the lawsuit of Michael Saunders, Julia Saunders and Hunter Saunders against the Metropolitan Government for the amount of fifty-five thousand dollars ($55,000) Dollars and that said amount should be paid to Gabriel, Sylvia and Gary Dryden from the Self-Insured Liability Fund.

Section 2. That this resolution shall take effect from and after its adoption, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Craig Jenkins

LEGISLATIVE HISTORY
Referred to:	Budget & Finance Committee
Introduced:	April 15, 2003
Adopted:	April 15, 2003
Approved:	April 17, 2003
By: