Confidential
Settlement – $200,000Judge
Court
L.A. Superior Van Nuys
Attorneys
Plaintiff
Defendant
Facts
This is a wrongful death cause of action. Plaintiffs were the decedent's surviving adult children. The patient was an 86-year-old female in Defendant's convalescent hospital. On the Sunday morning of July 28, 1991, at approximately 10:00 a.m., the patient, who was confined to a wheelchair, rolled through an open door at the east entrance of the Defendant hospital and, ultimately, through the gate, which was inoperative, at the south edge of the patio. Moments later she reached the top of a steep asphalt hill a few yards away and rolled down a steep grade (estimated at 15 percent). The patient traveled down the grade some 210 feet before entering onto a public roadway. The juncture at the road and the driveway is a sharp enough angle that the patient's wheelchair stopped abruptly, pitching her forward into the street; the wheelchair then had enough impetus to continue and land on top of her. She was then placed back in the wheelchair and taken back to her room. The police were not notified until approximately 6 to 7 hours after the incident. This patient later died of her facial, head, and neck injuries. Defendant's facility was cited and fined $20,000 by the health department for improper maintenance which resulted in the direct cause of the patient's death. There were no disputes as to liability.
Settlement Discussions
Plaintiffs contend that the Defendant offered $25,000 prior to this settlement. Defendant contends Plaintiff's demand was $750,000 reduced to $350,000.
Specials in Evidence
$500
Injuries
Wrongful death of aged mother; severe emotional distress requiring psychotherapy.
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