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A resolution authorizing the Metropolitan Department of Law to compromise and settle the claims of Sarah Filus Jones, the surviving spouse of Quincy Phelps Jones, deceased, against the Metropolitan Government of Nashville and Davidson County, in the amount of $285,000.00, with said amount to be paid out of the Self-Insured Liability Fund.
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WHEREAS, on February 7, 2024, Quincy Phelps Jones received care from Nashville Fire Department Emergency Medical Services and passed away later the same day; 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 Sarah Filus Jones on behalf of herself or the decedent, Quincy Phelps Jones, related to the events detailed above be compromised and settled for $285,000.00, 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 tort claims of Sarah Filus Jones on behalf of herself and the decedent, Quincy Phelps Jones, for the sum of $285,000.00, 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 February 7, 2024, Quincy Phelps Jones called 9-1-1 around 10:00 a.m. with complaints of worsening aches and pain and poor leg circulation. He stated that he thought he needed to go to the hospital. Nashville Fire Department Emergency Medical Services (“EMS”) responded to the call. Upon EMS arrival, Mr. Jones complained of fever, aches, and tingling and numbness in his right foot. EMS checked his lower extremities and confirmed that Mr. Jones did not have chest pain or shortness of breath. EMS failed to take any vitals. Mr. Jones declined the offer to be taken to the hospital and requested information on how to treat the flu. EMS did not have Mr. Jones fill out a transport refusal form. Instead, EMS gave general advice for flu care and told Mr. Jones to call again if his symptoms worsened.
Around 4:11 p.m. that same day, Mr. Jones’ spouse called 9-1-1. Ms. Jones had returned home from work and found her husband unresponsive. The emergency dispatcher instructed Ms. Jones to attempt CPR, which was unsuccessful. MNPD and NFD responded and proclaimed Mr. Jones dead on arrival from cardiac arrest.
Ms. Jones, as Mr. Jones’ surviving spouse, has sued the Metropolitan Government for damages under Tennessee’s wrongful death statute. The parties have participated in settlement negotiations and have agreed upon the settlement amount of $285,000, subject to approval from the Metropolitan Council. The Department of Law recommends settlement of this claim to mitigate litigation costs and an adverse result in trial, which could result in a $300,000 judgment against the Metropolitan Government.
Disciplinary action was taken against the EMS paramedic that responded to the call, resulting in a three-day suspension.
Fiscal Note: The total settlement amount is $285,000. This settlement, along with Resolution Nos. RS2026-2118, RS2026-2129, RS2026-2130 and RS2026-2133, would be the 1st, 2nd, 3rd, 4th and 5th payment, after approval by Metropolitan Council, from the Self-Insured Liability Fund in FY27 for a cumulative total of $507,258. The fund balance would be $12,324,333 after this payment.