RESOLUTION NO. RS2010-1311

A resolution authorizing the Metropolitan Department of Law to compromise and settle the claims of Shane W. Boyd asserted against the Metropolitan Government of Nashville and Davidson County for the total amount of $18,000, and directing that this amount be paid out of the Self-Insured Liability Fund.

WHEREAS, on February 9, 2007, Shane W. Boyd was injured when he fell into an uncovered water meter box in front of the Anchor Fellowship Church located at 629 Third Avenue South; and,

WHEREAS, the Metropolitan Government had actual or constructive notice of a missing water meter box lid at that location on January 31, 2010 but failed to correct the dangerous or defective condition; and,

WHEREAS, on February 1, 2008, Shane W. Boyd brought suit against the Metropolitan Government for injuries and damages that he suffered as a result of falling into the uncovered water meter box; and,

WHEREAS, after investigation, the Department of Law believes that the settlement listed in Section 1 is fair and reasonable and in the Metropolitan Government’s best interest, and the Department of Law recommends that this lawsuit be compromised and settled for $18,000.00.

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 Shane W. Boyd v. Metropolitan Government currently pending in the Sixth Circuit Court for Davidson County, Docket No.08C-351, for the sum of $18,000, and directing that this amount be paid out of the Self-Insured Liability Fund.

Section 2. That 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: July 20, 2010
Adopted: July 20, 2010
Approved: July 23, 2010
By: