Facts

Plaintiff Loras Chappell was a passenger on a shuttle bus. She was using a wheelchair. The bus driver helped her to the section of the bus for wheelchair users. Later, when the bus made a left turn, the plaintiff and her wheelchair tipped over and she fell to the floor. The plaintiff brought suits against the bus owner and operator for motor vehicle negligence and elder abuse.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that the bus driver did not properly secure her wheelchair. She claimed that the driver made the turn at an unsafe speed, which caused her improperly-secured chair to tip. She argued that the defendants failed to provide adequate care and custody of her, which constituted elder abuse pursuant to California Welfare and Institutions Code Section 15610.57.

DEFENDANT'S CONTENTIONS:
The defendants claimed the event was an unfortunate accident and did not constitute elder abuse because there was no intentional misconduct, recklessness or physical abuse. The defendants argued that the intent of Section 15610.57 was to penalize professionals who have care, custody and control of elders and who abuse elders, not bus drivers who drive poorly. They further argued that Section 15610.57 does not apply to bus drivers, but only to hospitals or other entities that undertake the care of an elder, as opposed to mere transportation.

The defendants also disputed the plaintiff's injury claims, and emphasized that plaintiff refused medical attention and went shopping after the accident.

Settlement Discussions

The plaintiff demanded $75,000. After the court rejected plaintiff's arguments relating to elder abuse, the demand was reduced to $25,000. The defendants offered $7,500.

Damages

The plaintiff made one visit to a doctor after the accident, and sought $75,000 for medical expenses and pain and suffering. She also requested punitive damages and attorney fees.

Injuries

The plaintiff sustained bruises on her arm and forehead, but no residual injury.

Result

The parties settled for $10,000.

Other Information

Prior to settlement discussions, the court found that elder abuse statues did not apply. Subsequently, the judge granted defendant's motion to eliminate punitive damages and attorney fees.