title
A resolution authorizing the Metropolitan Department of Law to compromise and settle the personal injury and loss of consortium claims of Lars and Amber Gardell against the Metropolitan Government of Nashville and Davidson County in the amount of $275,000.00, and that said amount be paid out of the Self-Insured Liability Fund.
body
WHEREAS, on January 31, 2022, Plaintiff Lars Gardell was involved in a motor vehicle accident on Old Hickory Boulevard approaching the intersection with Granny White Pike while traveling as a passenger in a Metro ambulance in the course and scope of his employment as a paramedic with the Nashville Fire Department. Mr. Gardell alleges that due to the accident, he sustained injuries and damages proximately caused by the negligence of Metro, and his wife, Plaintiff Amber Gardell, also asserts a loss-of-consortium claim arising out of the accident; and,
WHEREAS, after investigation, the Metropolitan 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 any and all claims or causes of action brought or that could have been brought by Lars and Amber Gardell related to the events detailed above, be compromised and settled for $275,000.00, and that this amount 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 personal injury and loss of consortium claims of Lars and Amber Gardell for the sum of $275,000.00, with said amount to 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.
Agenda Analysis
Analysis
On January 31, 2022, Lars Gardell was riding in the passenger seat of a Nashville Fire Department (“NFD”) ambulance driven by an emergency management technician. The ambulance was responding to an emergency call on Old Hickory Boulevard near Granny White Pike with its lights and signs activated. The ambulance was stuck in traffic near the location of a traffic accident, and the ambulance driver turned into a paved cut-through in the median and attempted to drive down the center of the eastbound lanes against oncoming traffic. The ambulance hit the rear quarter panel of a passenger truck driven by Edin Perez before reaching the accident site. The passenger side of the passenger truck was damaged from contact with the passenger side of the ambulance.
Mr. Gardell was first seen at Metro’s injury-on-duty clinic with complaints of pain in his right shoulder and arm. Follow-up imaging and orthopedic treatment revealed tears in the muscle and cartilage of his rotator cuff and a dislocated bicep muscle. Mr. Gardell underwent physical therapy and shoulder surgery, and he was hospitalized due to anesthesia-based complications. Mr. Gardell continued to experience complications from the shoulder surgery and underwent a revision surgery to try to correct it. He continues to suffer from pain following the second surgery and extensive physical therapy and pain management.
Mr. Gardell underwent a functional capacity evaluation in 2023 and was found unable to perform the duties of a paramedic. He was approved for an IOD claim resulting from this accident, and Metro has paid $77,000 in medical expenses and $56,000 in lost wages. Mr. Gardell was also approved for a disability pension starting on March 25, 2023. He earned a salary of $71,784 before the accident, and the disability pension benefit is $38,684 per year.
Mr. Gardell accused the Metropolitan Government of negligence regarding this incident, and his wife filed a related loss of consortium claim. State law permits drivers of emergency vehicles to disregard regulations about the direction of movement when responding to an emergency call, provided that the vehicle’s lights and sirens are activated. However, this law does not relieve a driver from a duty to drive with due regard for the safety of all persons. The Metropolitan Government could raise various defenses, including asserting comparative fault against Mr. Gardell and Mr. Perez, challenging causation for Mr. Gardell’s injury, and proving that Mr. Gardell can mitigate his loss of future earnings claim. While Mr. Gardell cannot recover most of his medical expenses or lost wages through Metro’s IOD program, he would likely receive a significant amount in non-economic damages for pain and suffering and loss of enjoyment of life.
The parties have participated in settlement negotiations and have agreed upon the settlement amount of $275,000, subject to approval from the Metropolitan Council. The case was settled through a mediation in which Mr. Perez participated. Mr. Perez and Mr. Gardell’s uninsured motorist insurance carrier agreed to participate in the settlement of the Gardells’ claims, though the terms of their settlement are confidential. The Department of Law recommends settlement of the Gardells’ claims for a combined $275,000.
NFD’s Accident Review Board found the EMT driver at fault for the accident and issued a written reprimand citing his violation of departmental procedures and guidelines.
Fiscal Note: The total settlement amount is $275,000. This settlement along with Resolution No. RS2025-1467 and RS2025-1468 would be the 9th,10th, and 11th payments, after approval by Metropolitan Council, from the Self-Insured Liability Fund in FY26 for a cumulative total of $1,780,946. The fund balance would be $9,134,380 after these payments.