Facts

On Feb. 27, 2013, plaintiff Robert Simpson, 74, was walking across the parking lot as a pedestrian near the emergency department of Antelope Valley Hospital when he was struck by a pick-up truck backing up, causing him to suffer a fractured right hip. Several witnesses gathered at the scene, including the female driver of the pick-up truck. After approximately two minutes, security guard Peter Lepo, who was patrolling the parking lot in his vehicle observed plaintiff lying on the ground with several bystanders around him. Lepo immediately assumed plaintiff had tripped and fallen. Lepo parked his security vehicle and activated his lights. He then approached plaintiff. At around the same time, a nurse with a wheelchair approached plaintiff. Lepo asked plaintiff if his back or head hurt. Plaintiff responded in the negative. Plaintiff was then assisted into the wheelchair and taken into the emergency department for further evaluation and treatment.

Lead security officer, Armand Scheiffele subsequently arrived on scene after plaintiff had already been taken to the emergency department. After briefly speaking with Lepo, Scheiffele went to the emergency department to speak with plaintiff with the intent to take a slip and fall report. There, he encountered an associate of plaintiff in the reception area. The associate spontaneously stated that plaintiff had been struck by a car. This was the first time that anyone at Antelope Valley Hospital was made aware that a vehicle was involved in the incident. By the time security was aware a vehicle was involved, the truck had already left the premises.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that the Antelope Valley Hospital security guards negligently failed to obtain the identifying information of the truck driver who hit plaintiff. Plaintiff contended that once the security officer arrived, he and the other witnesses relied on the security guards to obtain the pertinent information regarding the driver of the truck as he was incapacitated by his injuries. Plaintiff alleged that as a result of Antelope Valley Hospital's negligence, he lost out on his ability to be compensation for his damages from the driver.

DEFENDANTS' CONTENTIONS:
Defense contended that the hospital security guards acted reasonably and appropriately under the circumstances. Lepo secured the area, prevented further harm to plaintiff and ensured plaintiff received timely treatment in the emergency room. Defense further contended that the security guards had no duty to interview bystanders when faced with an injured person requiring immediate medical attention.

Settlement Discussions

Plaintiff demanded $1 million. Defendant offered $75,000.

Injuries

Plaintiff fractured his right hip and underwent a hemiarthroplasty. Plaintiff complained of ongoing pain in his right hip, limiting his movement and his activities of daily living. Plaintiff also claimed as a result of the injury to his right hip, he developed low back pain, requiring treatment with a pain management specialist. Plaintiff sought compensatory damages in excess of $1 million from Antelope Valley Hospital for all his pain and suffering damages associated with the fractured hip that he would have pursued against the driver had the identity of the driver been obtained at the scene of the accident. Plaintiff also sought $92,000 in medical bills.

Result

Defense verdict.

Other Information

Defendant agreed to waive its cost bill totaling $19,937 in exchange for plaintiff waiving his right to file any post-trial motions or an appeal. INSURER: Illinois Union Insurance Company, ACE Medical Risk (TPA-Sedgwick). EXPERT TESTIMONY: Plaintiff's expert, Bruce Ramm, testified it was negligent for defendant Lepo not to have asked anyone on scene how plaintiff ended up on the ground. Lepo was on scene for several minutes with the driver of the vehicle and the vehicle itself within a few feet of him, yet he did nothing to ascertain the "who, what, when and where." Ramm testified that had Lepo asked the appropriate questions, he would have obtained identifying information about the driver who struck plaintiff. Defense expert, Chris McGoey, testified that it was not negligent for Lepo not to have obtained information from the driver who struck plaintiff. Lepo was on a routine patrol of the hospital property. When he arrived on scene, he was not given any information about how the incident happened. There was no duty or requirement to ask a prescribed set of questions or act in a prescribed manner. McGoey further testified that Lepo satisfied the requirements of "Observe and Report." He observed a man down in the parking lot and blocked the road with his vehicle so no cars would hit Simpson. He essentially protected Simpson while he was on the ground. He then helped facilitate plaintiff's quick transport into the emergency room for care and treatment. Another major aspect of the defense was that none of the five bystanders, including plaintiff, ever notified Lepo that plaintiff had been struck by a vehicle. Jacob Tauber, M.D., performed an IME on plaintiff. He established that the surgery performed on plaintiff's right hip was successful with no complications. He negated any claim for future damages by pointing out that all of plaintiff's current complaints were related to a severe degenerative disc disease in his back, and were not caused by anything related to the right hip. FILING DATE: March 21, 2014.

Deliberation

one day

Poll

9-3

Length

four days