On Feb. 26, 2009, plaintiff Ragda Shawa, 58, was a participant in the Fairfield Senior Day Program, a social day care program for seniors with disabilities who need supervision, assistance, and social interaction. The program is operated by the city of Fairfield and is located at 1200 Civic Center Drive. Shawa was previously diagnosed with a brain tumor that left her unable to speak, and caused her difficulties with her motor function and walking. As a result, she first entered the senior day program in August 2007. On the day of Feb. 26, 2009, Shawa was being assisted to the bathroom at the Fairfield Senior Day Program. As the attendant went to prepare the stall to allow Shawa entrance, Shawa fell backward and struck the back of her head. Shawa sued the city of Fairfield and the Fairfield Senior Day Program, alleging negligent supervision. Plaintiff’s counsel contended that Shawa had a prior fall at the program in November 2008, which resulted in no injury. Thus, counsel contented that the program and its employee were negligent for allowing Shawa to stand alone in February 2009 because they knew she was a fall risk as a result of the prior incident. However, plaintiff’s counsel acknowledged that prior to Shawa entering the Fairfield Senior Day Program, Shawa’s adult daughter signed a release of liability form, holding the city harmless for any Shawa might sustain while at the program. Defense counsel moved for summary judgment, arguing that the program was only recreational since no medical treatment was provided. The motion was granted. However, plaintiff’s counsel disputed this decision and filed an appeal. Plaintiff’s counsel contended that the program was essential for adults with various health and physical issues, and as such, was a provider and was exempt from the waiver of liability for negligence. The appeals court found the program was a service provider, and not recreational, and reversed the trial court’s decision. Thus, the matter was remanded for trial. Defense counsel contended that the actions of the Fairfield Senior Day Program’s employee were not unreasonable and were not negligent. Counsel also contended that Shawa was left only for a moment prior to her fall., Shawa sustained a subdural hematoma with hemorrhaging as a result of the blunt force trauma to her head. She was subsequently taken to a hospital, where she remained hospitalized for at least a month and was treated for the hemorrhaging. She then went to various medical centers for additional treatment. Shawa claimed the subdural hematoma and hemorrhaging exacerbated her prior condition. She alleged that she now suffers seizures as a result of the subject incident.