Facts

Prior to the subject incident, plaintiff Phyllis Rogers was in poor health stemming from a brain aneurysm. Since 1992, plaintiff had been confined to a wheelchair and required 24-hour assistance for all activities of daily living.

On Nov. 2, 2009, plaintiff, 89, was being transported from her home to an adult daycare facility in a bus operated by defendant Abrazar Inc. The driver secured the wheels of plaintiff's wheelchair to the floor of the bus but failed to place a lap belt on her.

While the driver was en route to the next stop, the driver suddenly slammed on the brakes causing plaintiff to fall out of her wheelchair and on to the floor of the bus.

The driver claimed that another vehicle was about to enter her lane of travel and; therefore, the driver had to slam on the brakes to avoid colliding with the other vehicle. There was no contact between any vehicles.

Specials in Evidence

$34,707

Injuries

Plaintiff suffered a laceration above her right eye, a pelvic fracture and a degloving injury to her right arm. Plaintiff did not require surgery for her pelvic fracture.

Result

Multiple offers and demands lead to a settlement of $450,000.

Other Information

MEDIATOR: Andrew W. Albert, Esq., Judicate West.