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A resolution authorizing the Metropolitan Department of Law to compromise and settle the personal injury claim of Christopher Smith 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 September 21, 2021, the Plaintiff, Christopher Smith was a passenger in a Nashville Fire Department fire engine travelling to an emergency call when the employee driver lost control of the fire engine and crashed into a guardrail in Davidson County, Nashville, Tennessee. Plaintiff Christopher Smith alleges that, due to the accident, 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 interests of the Metropolitan Government, and recommends that any and all claims or causes of action brought or that could have been brought by Christopher Smith 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 claim of Christopher Smith 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 September 21, 2021, Chris Smith was employed as a captain with the Nashville Fire Department (“NFD”). Mr. Smith was a passenger in a fire engine responding to an emergency call. The fire engine was traveling westbound on Briley Parkway near the Whites Creek Pike exit when, according to the driver, the fire engine encountered standing water in the roadway and the driver lost control of the vehicle. The fire engine struck a guardrail and rolled over, coming to a final rest on the passenger’s side.
Mr. Smith was taken by ambulance to the emergency room complaining of right shoulder pain. An MRI revealed Mr. Smith’s right rotator cuff was torn. He had surgery on his shoulder on November 2, 2021, to repair the rotator cuff tear and underwent ten weeks of physical therapy. In February 2022, Mr. Smith underwent surgery related to an infection from the initial surgery and to remove surgical hardware. After the second surgery, Mr. Smith underwent additional physical therapy and was ultimately able to return to work in June 2022. While Mr. Smith is able to perform his full job duties, his shoulder is not as functional as it once was and he is at risk for a future surgery.
Mr. Smith filed suit against the Metropolitan Government and Goodyear Tire & Rubber Company (“Goodyear”) for negligence. It has been determined that the two front steer tires on the fire engine were mismatched and did not have the same tread pattern. The tires had been provided pursuant to a contract the Metropolitan Government had with Goodyear for replacement tires and related services.
The parties have participated in settlement negotiations and have agreed upon the settlement amount of $100,000, subject to Council’s approval. The Department of Law recommends settlement of Mr. Smith’s negligence claim for $100,000. Goodyear has also agreed to contribute a substantial sum to the resolution of this suit, although the terms of that settlement are confidential.
Fiscal Note: The total settlement amount is $100,000. This settlement along with Resolution Nos. RS2025-1030 and RS2025-1031 would be the 19th, 20th, and 21st payments after approval by the Metropolitan Council from the Self-Insured Liability Fund in FY25 for a cumulative total of $1,210,787. The fund balance would be $12,809,165 after this payment.