Case details

Plaintiff: Failure to properly set wheelchair’s brakes caused fall

SUMMARY

$169597.2

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
dental, fractured teeth
FACTS
On Jan. 27, 2012, plaintiff Megan Alexander, 26, a wheelchair-bound dependent adult, was in San Diego, being transported by a bus owned and operated by St. Madeleine Sophie’s Center, a non-profit organization that assists people with developmental disabilities. At approximately 3:30 p.m., Alexander was temporarily removed from the bus to allow another passenger to be dropped off. After disembarking, Alexander’s wheelchair brakes were not set properly and she rolled off the curb, causing her to fall over in her wheelchair and sustained dental . Mary Alexander, acting as her daughter’s guardian ad litem, sued St. Madeleine Sophie’s Center and its employee, an aide who was assisting Megan Alexander on the date of loss, Megan Johnson. Mary Alexander alleged that St. Madeleine was negligent in the treatment of Megan Alexander and that the actions of both defendants constituted dependent adult abuse. Plaintiff’s counsel contended that the defendants failed to ensure Megan Alexander’s safety after she disembarked the bus by not properly setting her wheelchair’s brakes. Defense counsel filed a motion for summary adjudication in regard to the plaintiff’s dependent elder abuse claim, which was granted. As a result, Johnson was dismissed from the action. St. Madeleine conceded liability on the plaintiff’s negligence claims, and the matter proceeded to trial on damages only., Megan Alexander was taken by ambulance to an emergency room. She had one tooth knocked out from the fall and she claimed she had to have another two teeth surgically removed. Megan Alexander then had dental implants inserted and underwent some follow-up dental care. Megan Alexander claimed she now experiences discomfort in her teeth from the implants, causing her to constantly put her hands in her mouth. She also claimed the incident set back her development. Thus, Megan Alexander sought recovery of $1.42 million in total damages, including $16,417.20 in stipulated past medical costs, and an unspecified amount in future medical costs for her dental treatment and an unspecified amount of damages for her pain and suffering. Defense counsel disputed the value of Megan Alexander’s medical costs and pain and suffering, and asked the jury to, instead, award between $80,000 and $100,000 in total damages. (However, according to plaintiff’s counsel, defense counsel asked the jury to award between $45,000 to $65,000 in damages plus the stipulated past medical costs.)
COURT
Superior Court of San Diego County, San Diego, CA

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