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A resolution authorizing the Metropolitan Department of Law to compromise and settle the personal injury claims of Joseph Towns against the Metropolitan Government of Nashville and Davidson County in the amount of $100,000.00, and that said amount be paid out of the Self-Insured Liability Fund.
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WHEREAS, on November 8, 2023, Plaintiff Joseph Towns was struck by a Metro Parks vehicle in the crosswalk at the intersection of 8th Avenue South and Wedgewood Avenue in Davidson County, Nashville, Tennessee; and,
WHEREAS, Plaintiff Joseph Towns alleges that, due to the incident, he 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 Joseph Towns related to the events detailed above, be compromised and settled for $100,000.00, 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 claims of Joseph Towns for the sum of $100,000.00, 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 November 8, 2023, Joseph Philmore Towns was in the crosswalk of Wedgewood Avenue at its intersection with 8th Avenue South when his wheelchair was struck from behind by a Metro Parks pickup truck. The Metro Parks employee was preparing to turn right onto Wedgewood Avenue and moved forward to check for oncoming traffic as Mr. Towns entered the crosswalk.
At the time, the crosswalk signal at the intersection was not working due to ongoing signal repairs. However, the Wedgewood Avenue light was red, and Mr. Towns had the right of way. The Metro employee reported that his vehicle was sitting at the red light when Mr. Towns struck his red bumper with a wheelchair. The Department of Law determined that the Metro employee was at fault.
When the collision occurred, Mr. Towns was thrown from his chair and onto the ground and suffered injuries to his head, neck, chest, and right side of his leg. His motorized wheelchair was also damaged. EMS responded to the scene and was prepared to transport Mr. Towns to the hospital, but he declined transfer out of concern that his wheelchair would be left at the intersection. He took himself to the emergency room via his motorized wheelchair. Because of this, Mr. Towns was not prioritized in a crowded emergency room, and he left after several hours without receiving care. Mr. Towns was in pain the following morning and called for an ambulance, which transported him to an emergency room. Mr. Towns received several diagnostic scans and tests and was discharged with pain medication. His medical expenses totaled $51,361.64. Mr. Towns claims that the incident exacerbated his existing PTSD, causing him mental anguish and emotional distress for which he was treated for several months.
Mr. Towns also claimed that the incident damaged his wheelchair, but he testified that he had not tried to quantify the damage after his wheelchair was involved in two later collisions.
The parties have participated in settlement negotiations and have agreed upon the settlement amount of $100,000, subject to approval from the Metropolitan Council. The Department of Law recommends settlement of Mr. Towns’ personal injury claims for $100,000.
Despite a Department of Law determination that the Metro Parks employee was at fault, Metro Parks chose not to retroactively discipline the employee. However, Metro Parks is working to draft and adopt a policy to expand regulations for drivers, provide additional training, and provide a matrix of discipline following vehicular incidents.
Fiscal Note: The total settlement amount is $100,000. This settlement, along with Resolution No. RS2025-1654, would be the 14th and 15th payments, after approval by Metropolitan Council, from the Self-Insured Liability Fund in FY26 for a cumulative total of $2,053,210. The fund balance would be $11,521,663 after these payments.