SUBSTITUTE RESOLUTION SRS2000-243

A substitute resolution authorizing the Metropolitan Department of Law to compromise and settle the claim of Faith and Ackasome Philavarn against The Metropolitan Government of Nashville and Davidson County for the sum of $18,000.

Whereas, on October 25, 1997, the plaintiffs were traveling on Interstate 40, and as they approached the Demonbreun exit ramp, their 1994 Chevrolet Astro was struck by a falling light pole that Department of Public Works Employee Chris Harper had backed into with a Public Works dump truck he was driving on the shoulder of I-40; and

Whereas, a lawsuit was filed by the plaintiffs in the Eighth Circuit Court for Davidson County, Tennessee; and

Whereas, after investigation, the Department of Law believes the settlement amount as set forth in Section 1 is fair and reasonable and recommends that this case be compromised and settled and that the amount of $18,000 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 Department of Law is authorized to compromise and settle the lawsuit of Faith and Ackasome Philavarn v. Metropolitan Government, No. 98C-2887 for the sum of $18,000, 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.

Sponsored by: Eileen Beehan

LEGISLATIVE HISTORY

Referred to: Budget & Finance Committee
Substitute Introduced: June 6, 2000
Adopted: June 6, 2000
Approved: June 14, 2000
By: mayor1.gif (1554 bytes)