Court verdict: Mayor Ketron loses over $2M in age discrimination case filed by EMS head

• 3 plaintiffs will ask for front pay
• Lawyers for plaintiffs also will ask for attorney fees
• Murfreesboro attorney Terry Fann and his son, Chase Fann, represented the plaintiffs
• Jury award includes over $1 million in backpay

Three longtime former Emergency Medical Service leaders won a $2.1 million jury verdict in an age discrimination lawsuit against Rutherford County government.

Mike Nunley, the 45-year founding director of EMS, and his deputy directors, James R. "Randy" White and Joe Haffner are the plaintiffs. White had been a 37-year EMS employee, and Haffner worked for the service for 35 years.

Rutherford County Mayor Bill Ketron removed them from their jobs in April 2019. The plaintiffs filed their lawsuit three months later.

A jury spent five days hearing trial evidence before reaching a verdict May 13, said plaintiffs' attorney Terry Fann of Murfreesboro. 

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"The jury found that the county had violated the Tennessee Human Rights Act and discriminated against each of these employees based upon their age," Fann said.

The violation was in multiple areas, according to chancery court documents. Circuit Court Judge James G. Martin III of Franklin presided over the jury trial at the Judicial Center in downtown Murfreesboro because local Rutherford County judges recused themselves. 

Nunley was 71 when he lost his job and is now 74. White and Haffner were each 58 and are now 61. The jury awarded them over $1 million in back pay, including 413,521 for Nunley. The plaintiffs also received a total of $950,000 for humiliation and embarrassment damages with Nunley getting $350,000, and White and Haffner each receiving $300,000.

Nunley, for example, had ceremonial praise from Ketron and the Rutherford County Commission after being forced out of job, but the founding EMS director chose not to attend the meeting.

"Based upon the circumstances of his forced exit from his employment with the Defendant, Plaintiff Nunley was too embarrassed and humiliated to appear at the County Commission meeting to accept the County's Resolution of Appreciation," the lawsuit said.

Prior to the ceremonial recognition, Ketron "told Mr. Nunley it was time for him to retire," Fann said. 

"That has age discrimination written all over it," Fann said.

Fann filed a motion to collect attorney fees and front pay for the three plaintiffs for a reasonable number of years they would have continued to work. Nunley's front pay request will be smaller because he was planning to retire this year. The front pay for White and Haffner will be anticipated to be four years. 

The total for the front pay could be in the same range as the back pay, Fann said. 

Although the jury trial was in Murfreesboro, other case hearings have been in Franklin with Judge Martin. 

The jury heard the three plaintiffs give testimony. Other witnesses included Ketron, Steve Sandlin, who serves as deputy to the county mayor, and Sonya Stephenson, the county's human resources director.

The county had legal representation from Randall Mantooth, a Murfreesboro lawyer, who works in same firm with Rutherford County Attorney Nick Christiansen.

The county's case suggested Ketron's decision to fire the three plaintiffs was about their unwillingness to cooperate with the Murfreesboro Fire Rescue Department through dispatching services. Those arguments failed to sway the jury, said Fann, who tried the case with his son, Chase Fann.

Murfreesboro and Rutherford County have been unable to reach an agreement on a city proposal for emergency dispatchers to work as a team.

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Ketron said he cannot comment on the case.

"Appeal consideration is before us at this time," Ketron said. 

The county commission could consider appealing the jury verdict. 

Ketron, a former 16-year state senator from Murfreesboro, won his county mayor seat in 2018. His term will end by Aug. 31 after he placed third in the recent Republican primary to winner Joe Carr, a former state representative from the rural Lascassas community northeast of Murfreesboro. Rhonda Allen, a Smyrna resident and 12-year member of the Rutherford County Commission, was runner-up in the GOP primary. 

Note: This developing story will be updated with more details.

Reach reporter Scott Broden with news tips or questions by emailing sbroden@dnj.com. Follow him on Twitter @ScottBroden.

Jury verdict awards

A jury awarded $2.1 million to three former Rutherford County Emergency Management officials in an age discrimination lawsuit after they were removed from their jobs by Mayor Bill Ketron.: 

• Mike Nunley, the 45-year founding director of county's EMS: $413,521 in  back pay and  $350,000 for embarrassment and humiliation damages
• James White, a deputy director off EMS: $339,903 in back pay and $300,000 for embarrassment and humiliation damages
• Joe Haffner a deputy director off EMS: $326,405 in back pay and $300,000 for embarrassment and humiliation damages 

Source: Order from Circuit Court Judge James G. Martin III of Franklin