Case details

Transport co. failed to secure decedent, family alleged

SUMMARY

$898000

Amount

Mediated Settlement

Result type

Not present

Ruling
KEYWORDS
fracture, leg
FACTS
On March 12, 2011, plaintiffs’ decedent, a 50-year-old female on dialysis treatment, was being transported by a medical transport van in Upland when the driver of the van made a sudden stop, causing the decedent to be ejected forward. The decedent ultimately died on April 21, 2011, as a result of complications from a leg fracture that she sustained in the crash. The decedent’s husband, daughter and son sued the transport company and the transport company’s driver for the decedent’s wrongful death. Plaintiffs’ counsel contended that the decedent was not properly secured with a 3-point safety belt, but rather a cloth and Velcro strap was wrapped around her waist in the wheelchair., The decedent was admitted to the hospital around April 1, 2011, with a left tibia fracture that she sustained in the crash. The injury led to complications, including sepsis that led to partial amputations of both feet on April 18, 2011, which ultimately resulted in her death on April 21, 2011. She was survived by her 49-year-old husband, her 24-year-old daughter and her 27-year-old son. The family sought recovery of wrongful death damages. Defense counsel contended that even if the driver and transport company were responsible for the decedent’s death, the decedent had an extremely limited life expectancy as a result of her suffering from end-stage renal disease due to diabetes mellitus, which had caused her to become blind. Counsel noted that the decedent had a history of multiple prior strokes and also had an extensive history of coronary artery disease with myocardial infarction and left ventricular thrombosis, as well as a prior partial left foot amputation.
COURT
Superior Court of San Bernardino County, San Bernardino, CA

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