Facts

On February 21, 2017, Plaintiffs' decedent Jimmi Salem, 79, was being transported in a wheelchair by First Transit, Inc.'s employee, Mauricio Batres, on a paratransit bus near an adult day care health center in Burlingame, CA. First Transit was providing paratransit services to San Mateo County residents by and through a contract with San Mateo Transit District (SamTrans). As Salem was being transported, his wheelchair tipped and he fell. Salem survived the incident but suffered a subdural hematoma and underwent surgery. Salem ultimately passed away in November 2017.

Plaintiffs, Salem's wife and adult children, sued SamTrans, First Transit, and Batres.

PLAINTIFFS' CONTENTIONS: Plaintiffs contended that defendant Batres was negligent when operating the paratransit bus that was transporting Salem because he failed to properly secure Salem's wheelchair. Plaintiffs contended his negligence caused the wheelchair to tip over, resulting in Salem's injuries and ultimately causing his death. Plaintiffs also contended that defendants SamTrans and First Transit were vicariously liable for defendant Batres' negligent actions.

DEFENDANTS' CONTENTIONS: Defendants denied Plaintiffs' contentions, and disputed the cause of death as being attributable to the incident. Defense counsel noted that Salem was a wheelchair user since May 2015, as he had suffered a debilitating stroke and had a variety of other chronic illnesses prior to the subject incident. Defense counsel also contended that Salem was at a nursing facility after the incident for nine months and was making good progress on his health, but that only in November 2017, when Salem was diagnosed with Parkinson's Disease, did his health take a turn for the worse. Defense counsel noted that Salem's death certificate listed respiratory failure (a symptom of Parkinson's) as a cause of death, and his decline in health was due to his Parkinson's diagnosis and not the subject incident.

Injuries

Salem suffered a large left subdural hematoma. A neurosurgeon performed an evacuation of the hematoma via craniotomy. For the 10 days following the procedure, Salem was in the ICU. He was then discharged from the ICU and to a skilled nursing facility, where he resided until his passing.

Result

SamTrans agreed to a settlement of $906,250 on behalf of all defendants.