KEVIN BLOOMFIELD V. THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY - Articles

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Posted by: Tanja Trezise on Mar 27, 2015

Court: TN Court of Appeals

Attorneys 1:

Patrick John Bradley, Christopher Michael Lackey, and Andrew David McClanahan, Nashville, Tennessee, for the appellant, Metropolitan Government of Nashville and Davidson County.

Attorneys 2:

Larry R. McElhaney, II, Nashville, Tennessee, for the appellee, Kevin Bloomfield.

Judge(s): CLEMENT

Plaintiff, a firefighter, who sustained personal injuries while serving in the course and scope of his employment with the Nashville Fire Department, brought this action against the Metropolitan Government of Nashville and Davidson County (“Metro”) asserting that he sustained serious personal injuries due to the negligence of a paramedic who was employed by Metro. The injury occurred while Plaintiff and the paramedic were moving a patient in a wheelchair. Following discovery, Plaintiff filed a motion for partial summary judgment on the issue of liability. After determining that no material facts were in dispute, the trial court granted summary judgment on the issue of liability upon the findings that an established procedure existed for the lifting of patients in a wheelchair, that the paramedic violated the established procedure, that the violation caused Plaintiff’s injuries, and that Plaintiff was not comparatively at fault. Following an evidentiary hearing on the issue of damages, the trial court awarded Plaintiff a judgment of $300,000 in damages. On appeal, Metro contends that there is a genuine dispute of fact regarding the policy for moving patients in wheelchairs, whether the paramedic violated the procedure, and whether Plaintiff is comparatively at fault. We affirm the trial court’s findings that there was an established policy for moving patients in a wheelchair, that the paramedic violated the policy by lifting the foot of the wheelchair without communicating with Plaintiff prior to initiating the lift, and that the paramedic’s violation of the established policy was the sole and proximate cause of Plaintiff’s injuries. Accordingly, we affirm the judgment of the trial court.

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