RESOLUTION NO. RS2005-1034

A resolution authoring the Metropolitan Department of Law to compromise and settle the claim of the Metropolitan Government of Nashville and Davidson County against Clarence C. Hurt, for the payment of $17,500.00 to the Metropolitan Government.

Whereas, on November 11, 2003, as Gary W. Pirtle, an employee of the Metropolitan Government, was traveling southbound on Murfreesboro Road at or near 3700 Murfreesboro Pike, his Metropolitan Police Department motorcycle was struck by a pickup truck driven by defendant, Clarence C. Hurt; and,

Whereas, a lawsuit was filed by Gary W. Pirtle in the Sixth 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 its employee, Gary W. Pirtle, as well as for property damage sustained to the Metropolitan Police Department motorcycle; and

Whereas, after investigation, the Metropolitan Department of Law believes the settlement amount as set forth in Section 1 is fair and reasonable, and recommends that this lawsuit be compromised and settled.

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 its subrogation interest relating to the lawsuit of Gary W. Pirtle v. Clarence C. Hurt, Sixth Circuit Court Docket No. 04C-2977, for the sum of $17,500.00, and to deposit said funds into the appropriate fund and account, as determined by the Director of Finance.

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: Diane Neighbors

LEGISLATIVE HISTORY

Referred: Budget & Finance Committee 
Introduced: October 18, 2005
Adopted: October 18, 2005
Approved: October 20, 2005 
By: