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A resolution authorizing the Metropolitan Department of Law to compromise and settle the personal injury claims of Wiss and Rose Jean-Philippe against the Metropolitan Government of Nashville and Davidson County in the amount of $407,333.93, and that said amount be paid out of the Self-Insured Liability Fund.
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WHEREAS, on August 1, 2020, the Plaintiffs, Wiss and Rose Jean-Philippe, were involved in a motor vehicle accident with a Metropolitan Nashville Police Department vehicle while traveling east on Harding Place in Nashville, Tennessee. Plaintiffs allege that, due to the accident, they sustained injuries, expenses, and damages proximately caused by the negligence of the Metropolitan Government; 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 Wiss and Rose Jean-Philippe related to the events detailed above, be compromised and settled for $407,333.93, 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 claims of Wiss and Rose Jean-Philippe for the sum of $407,333.93 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 August 1, 2020, a Metropolitan Nashville Police Department (“MNPD”) officer was driving eastbound on Harding Place in a patrol car. Wiss Jean-Phillippe and his spouse, Rose, were also travelling eastbound on Harding Pike in a vehicle in front of the MNPD patrol car.
Mr. Jean-Phillipe slowed and stopped his vehicle for traffic. The MNPD officer was unable to stop and struck the rear of the Jean-Phillippes’ vehicle. Following the collision, Mr. and Mrs. Jean-Phillipe were both taken by ambulance to the emergency room. The investigating officer noted in the incident report that the MNPD officer was following improperly and caused the accident.
Mr. Jean-Phillippe later sought treatment for lower back pain and was referred for advanced imaging and extensive physical therapy. He incurred approximately $71,000 in medical expenses following the crash. His orthopedic physician indicated that future treatment will be required, including pain management and lumbar spine surgery, that may cost as much as $140,000.
Mrs. Jean-Phillippe sought treatment for pain primarily in her neck. Her symptoms continued even after extensive physical therapy. Mrs. Jean-Phillippe also required surgery for a post-traumatic growth on her neck. She incurred about $102,000 in medical expenses. Her orthopedic doctor indicated that she would require future surgery with an estimated cost of $100,000. Mrs. Jean-Phillippe claims approximately $150,000 in lost wages as well.
Mr. and Mrs. Jean-Phillippe filed a lawsuit against the Metropolitan Government for negligence. Immunity under the Tennessee Governmental Tort Liability Act is generally removed for injuries resulting from the negligent operation of a vehicle within the course and scope of employment.
The parties have participated in settlement negotiations and have agreed upon the settlement amount of $400,000, with an additional $7,333.93 in discretionary costs, all subject to approval from the Metropolitan Council. The Department of Law recommends settlement of Mr. and Mrs. Jean-Phillipe’s personal injury claims for a combined $407,333.93.
The MNPD officer involved in the collision received a three-day suspension following the incident.
Fiscal Note: The total settlement amount is $407,333.93. This settlement along with Resolution No. RS2025-1444, RS2025-1447 and RS2025-1458 would be the 5th, 6th, 7th and 8th payments, after approval by the Metropolitan Council, from the Self-Insured Liability Fund in FY26 for a cumulative total of $1,185,512. The fund balance would be $9,902,135 after these payments.