RESOLUTION NO. RS2005-1085

A resolution authorizing the Department of Law to accept $14,719 in compromise and settlement of the Metropolitan Government of Nashville and Davidson County's claims against Robert G. Purple and Katherine L. Diel.

Whereas, on October 15, 2003, Steve Garton, an employee of the Metropolitan Police Department, was directing traffic at or near Hillwood High School, and was struck by an automobile driven by Hillwood High School student, Robert G. Purple, and owned by his mother Katherine L. Diel, resulting in personal injury to Officer Garton; and,

Whereas, a lawsuit was filed by Steve Garton in the Second 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 and medical benefits received by its employee, Steve Garton, all sustained as a result of the pedestrian motor vehicle collision hereinabove described; 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 Steve Garton v. Robert G. Purple and Katherine L. Diel, Second Circuit Court Docket No. 04C-2882, for the sum of $14,719.00, 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: Amanda McClendon

LEGISLATIVE HISTORY

Referred: Budget & Finance Committee 
Introduced: December 6, 2005
Adopted: December 6, 2005
Approved: December 8, 2005 
By: