SUBSTITUTION RESOLUTION RS2001-505

A substitute resolution authorizing the Metropolitan Department of Law to compromise and settle the claim of The Metropolitan Government of Nashville and Davidson County against Stantham, L.L.C., and Stanley E. Hillis, and Tony E. Isenberg, c/o Roy J. Dunaway, in the amount of $7,000.00.

Whereas, on September 21, 1999, as the Plaintiff, Roy J. Dunaway, an employee of the Metropolitan Government, was traveling northbound on I-65 near the 94-mile post, his Metropolitan Police vehicle was struck by a 1998, white, Ford dump truck being driven by Defendant, Tony E. Isenberg, who was an employee of Stantham, L.L.C., c/o Stanley E. Hillis; and

Whereas, a lawsuit was filed by the Plaintiff, Roy J. Dunaway in the Fifth Circuit Court for Davidson County, Tennessee; and

Whereas, The Metropolitan Government has a subrogation interest in this lawsuit relating to the injury-on-duty pay received by Roy J. Dunaway; 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.

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 its subrogation interest relating to the lawsuit of Roy J. Dunaway v. Stantham, L.L.C., Stanley E. Hillis, and Tony E. Isenberg, No. 00C-221, for the sum of $7,000.00.

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: Howard Gentry

LEGISLATIVE HISTORY

Referred to: Budget & Finance Committee
Substitue Introduced: February 6, 2001
Adopted: February 6, 2001
Approved: February 8, 2001
By: Mayor Bill Purcell