RESOLUTION NO. RS2010-1425

A resolution authorizing the Metropolitan Department of Law to compromise and settle its claims asserted against Kenneth Hudspeth, V. Johnson, LLC, and Vaughn K. Johnson.

WHEREAS, on June 20, 2006, Officer Joseph Haywood stopped his Metropolitan Police Department vehicle on Spring Street to assist a motorist. Mr. Kenneth Hudspeth, who was operating a vehicle owned by V. Johnson, LLC and Vaughn K. Johnson, became distracted and struck the police vehicle in the rear, resulting in personal injury to Officer Joseph Haywood; and,

WHEREAS, on December 1, 2006, Officer Joseph Haywood filed a lawsuit against Kenneth Hudspeth, V. Johnson, LLC, and Vaughn K. Johnson for injuries and damages that he suffered as a result of the accident. On February 4, 2008, the Metropolitan Government filed an intervening complaint against the same defendants to recover its damages; 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 the Metropolitan Government accept payment in the amount of $78,000 as compensation for all costs incurred by the Metropolitan Government for Officer Haywood’s medical treatment, payment of injured-on-duty wages, and pension benefits.

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 claims in the lawsuit Joseph Haywood and the Metropolitan Government v. Kenneth Hudspeth, V. Johnson, LLC, and Vaughn K. Johnson currently pending in the Sixth Circuit Court for Davidson County, Docket No. 06C-3148, for the sum of $78,000, and directing that this amount be deposited into an appropriate fund and account as determined by the Department of Finance.

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: Megan Barry

LEGISLATIVE HISTORY

Referred to: Budget & Finance Committee
Introduced: October 19, 2010
Adopted: October 19, 2010
Approved: October 20, 2010
By: