Ragda Shawa v. City of Fairfield, Fairfield Senior Day Program
Published: Feb. 1, 2014 | Result Date: Nov. 20, 2013 | Filing Date: Jan. 1, 1900 |Case number: FCS035185 Settlement – $165,000
Court
Solano Superior
Attorneys
Plaintiff
Stephen J. Gorog
(Law Offices of Stephen J. Gorog)
Defendant
Facts
On Feb. 26, 2009, Ragda Shawa was participating in the Fairfield Senior Day Program, a program aimed at helping seniors with disabilities and run by the City of Fairfield. Shawa had various problems with her motor functions due to a brain tumor, which also resulted in her being unable to speak. That day, an attendant was helping Shawa go to the bathroom, when Shawa slipped and fell. Shawa then sued Fairfield and the Fairfield Senior Day Program.
Contentions
PLAINTIFF'S CONTENTIONS:
Shawa argued Fairfield had negligently supervised its employees, because the attendant should have been aware that allowing Shawa to stand on her own posed a significant risk of falling.
DEFENDANT'S CONTENTIONS:
Fairfield filed a motion for summary judgment, on the grounds that plaintiffs could not sue them for the program because the program was purely recreational. The city also argued that the attendant had not acted negligently when taking care of Shawa, and that the decision to leave her standing on her own for only a few moments was not unreasonable.
Injuries
Shawa injured her head, leading to hemorrhaging. She later claimed that this injury caused her to experience seizures.
Result
The parties settled for $165,000.
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