Lann v. Metro. Life Ins. Co.

371 F. Supp. 3d 1185
CourtDistrict Court, N.D. Georgia
DecidedFebruary 19, 2019
DocketCIVIL ACTION FILE NO: 1:17-cv-4965-WMR
StatusPublished
Cited by2 cases

This text of 371 F. Supp. 3d 1185 (Lann v. Metro. Life Ins. Co.) is published on Counsel Stack Legal Research, covering District Court, N.D. Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lann v. Metro. Life Ins. Co., 371 F. Supp. 3d 1185 (N.D. Ga. 2019).

Opinion

WILLIAM M. RAY, II, United States District Judge

This matter is before the Court on Plaintiff Felicia Lann's Motion for Summary Judgment [Doc. 19] and Defendant Metropolitan Life Insurance Company's Motion for Judgment on the Administrative Record. [Doc. 21]. After consideration of both motions, the Parties' respective responses and replies, all matters of record and the Parties' oral arguments before this Court on February 13, 2019, the Court enters the following ORDER.

I. BACKGROUND

The facts of the case, which are taken from the Administrative Record (AR), are undisputed. On April 13, 2016, Dormekeal Lann (Decedent), husband of Plaintiff, died as a result of a gunshot wound to the head. [AR45-46]. At the time of his death, the Decedent was an employee of Intercontinental Exchange, Inc. ("I.E.") [AR92] and a participant in I.E.'s Health and Welfare Benefits Plan (the Plan) [AR19], which is governed by the Employee Retirement Income Security Act of 1974, as amended (ERISA), 29 U.S.C. § 1001, et seq. The Plan was funded by Group Policy No. 158248-1-G issued by Defendant to I.E. [AR377-477].

A. Facts of the Case

The Decedent enrolled in basic life insurance, supplemental life insurance, and AD & D insurance coverage. [AR19]. Plaintiff, the Decedent's surviving spouse and beneficiary, submitted claims for basic life, supplemental life, and AD & D benefits under the Plan. [AR43-109]. Defendant approved and paid Plaintiff's claim for basic life benefits, but denied her claims for supplemental life and AD & D benefits because, among other reasons, the Gwinnett County Medical Examiner determined, *1188after an autopsy, that the Decedent committed suicide. Plaintiff disputed these findings and submitted an administrative appeal of the denial. [AR12-13].

The official death certificate was completed by Carol A. Terry, MD, ME, Gwinnett County Medical Examiner, who confirmed the Decedent's date of death as April 13, 2016, and the "immediate cause of death" as "contact gunshot wound of head, delayed effects." [AR45]. Under the heading "describe how injury occurred," Dr. Terry stated: "shot self with handgun," and under "accident, suicide, homicide, undetermined (specify)" Dr. Terry wrote: "suicide." [Id.].

The Medical Examiner's Report contained an Investigative Report completed by the Medical Examiner's Investigator, Robert Bumgardner, and an autopsy report completed by Dr. Terry. [AR51-59]. Mr. Bumgardner's report stated that he interviewed Plaintiff via telephone on April 14, 2016, and recorded the following:

Mrs. Lann said the decedent was cleaning his gun the evening of April 13, 2016, at the kitchen table. Mrs Lann said that the decedent inserted the ammunition clip in the gun several times while walking to the bathroom down a hallway of the residence. Mrs. Lann said she heard the gunshot go off and found the decedent partially in the bathroom and partially in the hallway. Mrs. Lann stated that the projectile struck the bathroom wall and was a few inches shorter than the height of the decedent. Mrs. Lann said there were no domestic problems in the marriage. Mrs. Lann said there had been no fighting the night of the incident. Mrs. Lann stated that the decedent had consumed an alcoholic beverage before the incident. Mrs. Lann said that the decedent was in the Air Force in the past and was somewhat familiar with handguns.

(Mr. Bumgardner opined that "the decedent died as a result of a self inflicted gunshot wound to the head," but deferred to the Medical Examiner for determination of the "cause and manner of death." [AR53].

Dr. Terry's autopsy report noted a "[c]ontact-range entrance wound of [the] right temple with associated soot deposition," and that the "[w]ound path is right-to-left and minimally front-to-back, perforating [the] head." [AR58]. Dr. Terry identified the "cause of death" as "contact gunshot wound of head, delayed effects," and the "manner of death" as "suicide." [AR59]. She also rendered the following opinion based on the autopsy:

This 39-year-old black male, Dormekeal Kormel Lann, died as a result of a gunshot wound of the head. The range of fire was contact. Since the firearm was pressed against the subject's head at the time that it was discharged, this action is considered to be innately self destructive, therefore, the manner of death is certified as 'suicide.' [Id.].

Plaintiff disputes the finding of suicide and characterizes the Decedent's death as an accident. [AR 43]. Plaintiff hired an expert witness, Kris Sperry, MD, who opined that the Decedent's "act of putting a gun to his head and pulling the trigger was stupid, a mistake, or a combination of both but was not an intentional act to end his life." [AR65]. According to Dr. Sperry, the Decedent's "plans involving meeting with friends in two days, making plans to remodel a portion of the house and purchasing a new car, asking his wife to warm his dinner in the oven, and numerous other details including a new job which he loved, a raise in income, and a wife and daughter who were the loves of his life, - collectively, leads to the conclusion that" the Decedent's death was accidental. [Id.]. Dr. Sperry also criticized Dr. Terry's conclusions *1189based on her autopsy as "a form of cognitive bias," and declared that Dr. Terry "did not interview anyone, including Felicia Lann." [AR63-64].

Plaintiff also submitted affidavits from Plaintiff, the Decedent's mother, and two friends of the Decedent in further support of Plaintiff's claim that Decedent's death was an accident. In her affidavit, Plaintiff discussed the Decedent's demeanor and conduct on the night of his death, stating "[t]here was nothing in [the Decedent's] demeanor, speech, or attitude on that night that was anything but normal. He was happy. We were making plans to go on vacation. We were making plans to finish, the basement .... He had a conference call with two of his best friends on the way home, and they were making plans to get together on that Friday night. He was in a good mood, and he told me he was hungry and to keep dinner warm until he put his gun away." [AR 95]. Plaintiff stated the Decedent "went through basic training" in the Air Force, but claimed "he did not have any knowledge or experience with firearms." [AR93]. Plaintiff declared that it was "absolutely impossible that [the Decedent] intentionally shot himself," and speculated that "the only rational explanation is that maybe [the Decedent] was about to pose in front of the mirror and this tragic accident was the result of his forgetting or not realizing that he had chambered a bullet or he tripped and fell on his way to putting the gun in the bedroom closet." [AR96].

The Decedent's friends, Tony Robinson and Tyrone Boone, discussed their "conference call" with the Decedent the afternoon of his death, both saying he sounded "normal and happy" and that they made plans to meet in a few days. [AR99; AR102]. Both also declared that they met the Decedent in the Air Force, and he had "no pistol training in the Air Force." [AR98; AR103].

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