RESOLUTION NO. RS2008-307

A resolution authorizing the Metropolitan Department of Law to compromise and settle the personal injury claim of Kathleen Baker against the Metropolitan Government and Metropolitan Hospital Authority for the amount of $250,000.00, and to settle the loss of consortium claim of her husband, Rick Baker, against the Metropolitan Government and Metropolitan Hospital Authority for the amount of $235,000.00, for a total of $485,000.00 and directing that this amount be paid from the Self-Insured Liability Fund.

Whereas, on November 24, 2004, after Kathleen Baker was sexually assaulted, her assailant was arrested but not tested for HIV until several weeks later;

Whereas, during the course of her medical legal exam conducted at Nashville General Hospital, Mrs. Baker was not offered or advised about antiretroviral drugs that may have prevented the contraction of HIV; and,

Whereas, after investigation, the Department of Law believes the settlements of $250,000.00 for Mrs. Baker and $235,000.00 for Mr. Baker are fair and reasonable and in the best interest of the Metropolitan Government and Metropolitan Hospital Authority, and recommends that this lawsuit be compromised and settled, and that these amounts 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 Metropolitan Department of Law is authorized to compromise and settle the claim of Kathleen Baker for the amount of $250,000.00, and the claim of Rick Baker for the amount of $235,000.00, which amounts shall 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: Erik Cole

LEGISLATIVE HISTORY
Referred:	Budget & Finance Committee
Introduced:	May 20, 2008
Adopted:	May 20, 2008
Approved:	May 29, 2008
By: