Monday, November 23, 2009

Patient Hits Her Head After Stretcher Tips Over

The Plaintiff, 71, was suffering from end-stage renal disease. The Defendant, an ambulance company, was transporting her on a stretcher from her dialysis center to an ambulance so she could be driven home. As she was being wheeled through the parking lot to the ambulance, one of the wheels of the stretcher became lodged in a large hole in the parking lot. This caused the stretcher to tip over, which caused the Plaintiff to fall and strike her head on the pavement resulting in her death three days later. Since she was completely secured to the stretcher, she had no ability to brace herself for the fall.

The Plaintiff alleged that the ambulance company’s employees were negligent in that they failed to keep a proper lookout of a parking lot which was in obvious disrepair. The Plaintiff also claimed that the property owner was negligent as they failed in their duty to maintain the parking lot in a reasonably safe condition.

The ambulance company claimed its employees took all steps necessary considering the condition of the parking lot, and the property owner claimed the defects were minimal but open and obvious to the ambulance personnel.

The case was mediated and settled for $750,000 based upon the Plaintiff’s age and minimal life expectancy prior to this incident.