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A resolution authorizing the Metropolitan Department of Law to compromise and settle the claim of Deveda Lenoir as Administrator of the Estate of SaDarion Lenoir against the Metropolitan Government of Nashville and Davidson County in the amount of $175,000.00, and that said amount be paid from the Self-Insured Liability Fund.
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WHEREAS, on May 23, 2024, SaDarion Lenoir sustained fatal injuries after jumping from a moving ambulance while being transported by the Nashville Fire Department’s emergency medical services personnel to a nearby hospital emergency room. Deveda Lenoir as Administrator of the Estate of SaDarion Lenoir has asserted negligence and wrongful death claims on behalf of the Estate arising out of this incident against the Metropolitan Government.
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 Deveda Lenoir as the Administrator of the Estate of SaDarion Lenoir and on behalf of the Estate and wrongful death beneficiaries of SaDarion Lenoir related to the events detailed above be compromised and settled for $175,000.00, 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 claim of Deveda Lenoir, as the Administrator of the Estate of SaDarion Lenoir, and on behalf of Estate and the wrongful death beneficiaries of SaDarion Lenoir for the sum of $175,000.00, 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 May 23, 2023, the Nashville Fire Department (“NFD”), the Metropolitan Nashville Police Department (“MNPD”), and a counselor from Mobile Crisis responded to a 911 call regarding SaDarion Lenior. Dispatchers were advised that Mr. Lenoir had suicidal ideations and had allegedly attempted suicide, and that Mr. Lenior had a history of mental illness and was not taking his prescribed medication. Mr. Lenior admitted to the Mobile Crisis counselor that he was having ideations but denied attempting suicide. His vitals were taken, and it was determined that, because he had an elevated heart rate, he could not be taken to a mental health facility and needed to be transported to an emergency room to be medically cleared.
MNPD officers, NFD personnel, the Mobile Crisis counselor, and Mr. Lenoir’s loved ones all urged him to go to the emergency room in a waiting ambulance. Mr. Lenoir entered and exited the ambulance and stated he did not want to go but eventually agreed to be transported. He was secured to a stretcher inside the ambulance through restraints fixed to the stretcher. Mr. Lenoir was initially calm during the ride to the hospital. But as the ambulance entered the hospital grounds, he unbuckled the restraints, opened the rear door, and jumped out of the back door of the ambulance traveling 20 to 25 miles per hour. Mr. Lenoir hit his head on the roadway, which caused a head injury and he died the following day.
The Estate of Mr. Lenoir sued the Metropolitan Government for damages under Tennessee’s wrongful death and medical malpractice statutes. The Estate alleged that NFD failed to properly address Mr. Lenoir’s physical and psychiatric needs, safely transport him to the hospital, and take additional precautions that would have prevented his death. NFD’s procedures and guidelines about patient restraints did not require their use beyond standard safety belts, as Mr. Lenoir was not extremely agitated or exhibiting uncontrollable, disruptive, or potentially harmful behavior.
The parties have participated in settlement negotiations and have agreed upon the settlement amount of $175,000, subject to approval from the Metropolitan Council. Though the Department of Law could assert a defense of comparative fault, it recommends settlement of this claim to mitigate the cost and risk of an adverse result at trial, which could result in a $300,000 judgment against the Metropolitan Government. The Department of Law recommends settlement of the Estate of Mr. Lenoir’s claims against the Metropolitan Government for $175,000.
Fiscal Note: The total settlement amount is $175,000. This settlement would be the 29th payment after approval by Metropolitan Council from the Self-Insured Liability Fund in FY25 for a cumulative total of $1,528,677. The fund balance would be $12,177,702 after this payment.