A resolution authorizing the Metropolitan Department of Law to compromise and settle the claims of Randolph Kinzer, Mona Lisa Kinzer, and Medicare against The Metropolitan Government of Nashville and Davidson County for the total amount of $55,000.00 and directing that this amount be paid from the Judgments and Losses Fund.

Whereas, a lawsuit alleging civil rights violations was filed by Randolph and Mona Lisa Kinzer in the United States District Court for the Middle District of Tennessee in which Medicare has asserted a subrogation lien against any recovery had by Randolph and Mona Lisa Kinzer; and,

Whereas, after investigation and discovery, the Department of Law believes that the settlement listed in Section 1 is fair and reasonable and in the best interests of the Metropolitan Government, and recommends that the claim be compromised and settled for $55,000.00, and that this amount be paid from the Judgments and Losses Fund. The amount of this settlement represents one payment in satisfaction of Medicare’s subrogation interest of $7,366.13 and another payment of $47,633.87 to Randolph and Mona Lisa Kinzer.

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 the lawsuit styled Randolph Kinzer and Mona Lisa Kinzer v. The Metropolitan Government of Nashville & Davidson County et al., No. 3:06-CV-0649 in the United States District Court for the Middle District of Tennessee for the total sum of $55,000 and directing that this amount be paid from the Judgments and Losses Fund.

Section 2: This payment shall be allocated as follows: (1) $7,366.13 payable to Medicare, and (2) $47,633.87 payable to Randolph and Mona Lisa Kinzer and their attorneys.

Section 3: 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: Erik Cole, Ronnie Steine

LEGISLATIVE HISTORY
Referred:	Budget & Finance Committee
Introduced:	November 20, 2007
Adopted:	November 20, 2007
Approved:	November 27, 2007
By: