Facts

Brett Weiner, 21, was a popular academic "All County" and "All American" three-sport athlete while at Tesoro High school. Shortly after graduating and moving from the family home to go to college, Brett began to hear voices and evil thoughts.

Brett returned home and his family cared for him. One evening, Brett's comments about possibly harming himself concerned his parents. Brett was placed on a 5150 hold and transported to Mission Hospital. The next morning, Brett was was to be transported to College Hospital in Cerritos. Pacific Ambulance, Inc. Emergency Medical Technicians (EMTs) were dispatched to Mission Hospital to handle the transport.

While the ambulance transported Brett via Interstate 5 freeway, Brett was able to rid himself of the quick release soft restraints and after the ambulance slowed, ran out the back and was subsequently struck and killed by another vehicle.

Plaintiffs were Brett's parents.

PLAINTIFF'S CONTENTIONS:
Plaintiffs claimed that defendants were grossly negligent regarding the application and monitoring of quick release soft restraints on a Welfare 5150 patient during a non-emergency inter facility transport.

Plaintiffs' experts stated that the quick release soft restraints were not applied correctly and Brett was not properly monitored during the attempted transport (the EMT moved from the side bench seat to the airway seat behind the patient).

DEFENDANT'S CONTENTIONS:
Defendants contend the EMTs restrained decedent by applying the Orange County EMS required quick-release soft-restraints and began the transport to College Hospital in Cerritos. About 10 minutes into the transport, decedent twice asked the attending EMT to move from the "bench" seat next to the gurney to the "airway" seat located behind the gurney. In an attempt to keep decedent calm, as EMTs are trained, the attending EMT moved seats. Shortly after the attending EMT moved to the seat behind Brett, Brett freed himself of the restraints. The attending EMT attempted to physically restrain Brett, but Brett was able to make it out of the back of the ambulance. Brett then ran across seven lanes of the Interstate 5 freeway, was detained by an off-duty Sheriff's deputy, broke free of the deputy's hold, and stepped in front of an oncoming vehicle traveling on the 55 South freeway interchange and was hit and killed.

Defendants offered both percipient and expert testimony indicating they transported decedent in full compliance with Orange County EMS requirements as well as the policies of defendant Pacific Ambulance, Inc., which were derived from and consistent with the Orange County EMS policies. Defendants offered evidence that the sole cause of the incident was decedent's conduct. Defendants' expert stated that the quick release soft restraints were in fact applied correctly and in accordance with the Orange County EMS policies and procedures, and that the action of the EMT moving from the side bench seat to the airway seat behind decedent to keep him calm was proper and consistent with EMT training.

Three months prior to the subject incident, decedent was placed on a voluntary 5150 psychiatric hold and was hospitalized for observation. He spent the next month at an in-patient rehabilitation facility.

Settlement Discussions

Plaintiffs made an early CCP 998 demand for $250,000.

Result

Plaintiffs' verdict for $1,007,487.

Other Information

FILING DATE: May 14, 2012.

Deliberation

three days

Length

two weeks