SUBSTITUTE RESOLUTION NO. RS2010-1156

A resolution authorizing the Metropolitan Department of Law to compromise and settle the personal injury claim of Anthony T. McCoy against The Metropolitan Government of Nashville and Davidson County for $95,000.00 and accept $20,000 from Correct Care Solutions, LLC in settlement of the Metropolitan Government’s indemnification claim.

WHEREAS, on November 24, 2009, Tanya Mayhew, an employee of The Metropolitan Nashville Sheriff’s Department, removed the gold grill covering Mr. McCoy’s front teeth causing damage to his mouth, and resulting in personal injury to Mr. McCoy; and,

WHEREAS, the Metropolitan Government has asserted a claim for indemnification against Correct Care Solutions, LLC (“CCS”), contract medical care provider at Sheriff’s Department facilities, based on CCS’s handling of treatment for Mr. McCoy; and,

WHEREAS, after investigation, the Department of Law believes that the settlement listed in Section 1 is fair and reasonable and in the best interest of the Metropolitan Government, and recommends that Mr. McCoy’s personal injury claim be compromised and settled for $95,000.00, and that this amount be paid from the Judgment and Losses Fund; and,

WHEREAS, after investigation, the Department of Law believes that the settlement listed in Section 2 is fair and reasonable and in the best interest of the Metropolitan Government, and recommends that the Metropolitan Government’s indemnification claim against CCS be compromised and settled for $20,000, to be deposited in the Judgment and Losses 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 personal injury claim of Anthony T. McCoy for $95,000.00 with said amount to be paid from the Judgment and Losses Fund.

Section 2: The Metropolitan Department of Law is authorized to compromise and settle the Metropolitan Government’s indemnification claim against Correct Care Solutions, LLC for $20,000, with said amount to be paid into the Judgment and Losses Fund.

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: Ronnie Steine

LEGISLATIVE HISTORY

Referred to: Budget & Finance Committee
Introduced: March 16, 2010
Substitute Introduced: March 16, 2010
Adopted: March 16, 2010
Approved: March 17, 2010
By: