Case details
Plaintiff claimed reckless driving caused wheelchair to topple
SUMMARY
$500000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
back, lumbar, lumbar knee ankle, sprain, strain
FACTS
On June 17, 2009, plaintiff Patricia Hudson, 57, a woman who requires the assistance of a wheelchair, was on a Los Angeles County Metropolitan Transportation Authority bus on her way to Rancho Los Amigos National Rehabilitation Center. During the trip, Hudson’s wheelchair toppled over onto her. Hudson claimed the LACMTA driver had failed to assist her or secure her wheelchair. She claimed that as a result, she sustained to her ankle, knee and back as a result of the wheelchair falling over. Hudson sued the Los Angeles Metropolitan Transportation Authority for violations of Title II of the Americans with Disability Act, 42 USC §12182(a); California Unruh Civil Rights Act (Civil Code § 51); the California Disabled Persons Act (Civil Code §§ 54 and 54.1); California Government Code § 11135; Department of Transportation Regulations §§§ 37.165, 37.173, 37.209; and § 504 of the Rehabilitation Act of 1973. Hudson alleged that the defendant’s actions also constituted negligence, negligence per se, and intentional infliction of emotional distress. Hudson contended that the LACMTA driver was negligent in the operation of the bus by recklessly speeding. She claimed the driver made a sharp turn, causing her wheelchair to topple over. The LACMTA denied liability, claiming that its driver offered to secure Hudson’s wheelchair, but that she refused. However, plaintiff’s counsel noted that the LACMTA’s Accident Review Board held a hearing and determined that the driver was at fault and that it was an avoidable accident. As a result of the hearing’s findings, the driver was disciplined., Hudson sustained an ankle sprain/strain, knee swelling and a lumbosacral sprain/strain. She claimed she also aggravated a pre-existing peripheral nerve injury and pre-existing complex regional pain syndrome, also known as reflex sympathetic dystrophy or causalgia, a chronic pain condition. In addition, Hudson claimed she suffered from post-traumatic stress disorder as a result of the accident.
COURT
Superior Court of Los Angeles County, Los Angeles, CA
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