Case details

Conduct inside ambulance caused wrist fractures: plaintiff

SUMMARY

$100000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
arm, emotional distress, fracture, mental, psychological, radius, wrist
FACTS
On May 23, 2017, plaintiff Cara Sheeran, 22, was restrained at the arms and legs on a Papoose Board — a temporary medical stabilization board used to limit a patient’s freedom of movement to decrease risk of injury — before being loaded into an ambulance in San Francisco. Emergency medical technician Raymond Lee was charged with attending Sheeran while in the ambulance. Sheeran claimed that, during the transport, Lee made inappropriate comments to her, put his hands on her neck and tightened her restraints. Sheeran also claimed that Michael Filamor, a police officer who was sitting in the ambulance, failed to stop Lee’s alleged assault and turned off the audio portion of his body camera during the transport. She further claimed that she suffered fractures to her left wrist and forearm as a result of the events. Sheeran, through her mother and conservator, Erin Sheeran, sued Lee; another emergency medical technician, Ryan Jamison; and their employer, the city and county of San Francisco. The lawsuit alleged that Lee’s actions constituted negligence and assault and battery. The lawsuit also alleged that Jamison and Filamor were negligent for failing to intervene and that the city and county of San Francisco were liable for its employees’ actions. (Although Filamor was not directly named as a defendant in the case, plaintiff’s counsel made claims against him in court documents.) Plaintiff’s counsel contended that, despite Cara Sheeran crying out in pain, Lee tightened the restraints so tightly that it caused fractures to Sheeran’s left forearm and that when Sheeran began to yell that her arm was broken, Lee began choking Sheeran. Counsel contended that the incident was caught on Filamor’s body camera, but that Filamor inexplicitly turned off the audio recording of the ride in the ambulance. In addition, counsel contended that Filamor and Jamison failed to intercede and did nothing to protect Sheeran from Lee’s attack. Defense counsel contended that Filamor turned off the audio to his body camera to protect Sheeran’s health privacy interests., Sheeran’s left forearm was fractured in three places. She claimed her left ulna was fractured at the wrist due to the way Lee intentionally grabbed her and tightened the arm restraints. She also claimed that she suffers emotional distress as a result of the events. Sheeran sought recovery of past and future medical costs, and damages for her past and future pain and suffering. Defense counsel contended that Sheeran’s broken wrist occurred while Sheeran attempted to escape the arm restraints and were not due to any alleged excessive force from Lee while tightening the arm restraints.
COURT
Superior Court of San Francisco County, San Francisco, CA

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