Case details

Plaintiff: Fall during medical transport caused neck fracture

SUMMARY

$1000000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
fracture, head, neck
FACTS
On Oct. 23, 2013, plaintiff Leticia Mendoza Zambrano, 44, an unemployed woman on disability, was at her San Diego home when she requested medical transport due to her Parkinson’s condition. A medical transport vehicle responded to the home, and Zambrano was placed into the vehicle with her wheelchair. At approximately 8:30 a.m., the vehicle made a hard turn maneuver, which threw Zambrano out of her wheelchair. She claimed to her neck and head from the incident. Zambrano sued the owning entities of the medical transport company, Casa Pacifica Corp., which was doing business as Casa Pacifica ADHC, and J Gelt Corp., which was doing business as Casa Pacifica ADHC Center. Zambrano alleged the driver was negligent in the operation of the vehicle and that Casa Pacifica Corp. and J Gelt Corp. were liable for the driver’s actions. Plaintiff’s counsel contended that the driver for Casa Pacifica Corp. and J Gelt Corp. failed to properly secure the wheelchair inside the vehicle, which combined with the turning maneuver, caused Zambrano to fall out of the wheelchair and sustain . Casa Pacifica Corp. and J Gelt Corp. admitted liability for the incident., Zambrano was taken to an emergency room, where she was diagnosed with a fractured cervical spine. She subsequently underwent emergency surgery on her neck and was hospitalized during her recovery. Zambrano then followed up with extensive physical therapy. Zambrano claimed that the neck fracture was due to her fall from her wheelchair in the medical transport and that she made a good recovery from her , with minor residual symptoms. Thus, she sought recovery of $300,000 in billed medical costs ($45,000 under Hanif). She also sought recovery of damages for her pain and suffering. Defense counsel argued that Zambrano suffered from several pre-existing , including Parkinson’s disease, and that the alleged incident did not cause a neck fracture or any serious injury.
COURT
Superior Court of San Diego County, San Diego, CA

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