Megan Alexander, by and through her Guardian ad Litem, Mary Alexander v. St. Madeleine Sophie’s Center and Megan Johnson
Published: Aug. 23, 2014 | Result Date: Jun. 12, 2014 | Filing Date: Jan. 1, 1900 |Case number: 37-2013-00031837-CU-PO-CTL Verdict – $169,597
Court
San Diego Superior
Attorneys
Plaintiff
Robert J. Francavilla
(Casey, Gerry, Schenk, Francavilla, Blatt & Penfield LLP)
Defendant
Robert H. Quayle IV
(Daley & Heft LLP)
Facts
Megan Alexander, by and through her Guardian ad Litem, Mary Alexander, sued St. Madeleine Sophie's Center and Megan Johnson, in connection with the transportation services she received from defendants. Johnson was ultimately let out of the case on a summary judgment motion.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that defendants provided transportation services to people with developmental disabilities, like her. Plaintiff alleged that defendants temporarily removed her from their bus to allow another passenger to be dropped off. However, defendants failed to properly secure her wheelchair. As a result, her wheelchair rolled off the curb, and plaintiff fell, causing injuries. Plaintiff alleged defendants' actions constituted abuse of an adult dependent.
DEFENDANT'S CONTENTIONS:
Defendants disputed plaintiff's alleged medical expenses and pain and suffering.
Settlement Discussions
Plaintiff made a CCP 998 demand for $450,000, which defendant countered with a CCP 998 offer for $100,000.
Damages
Plaintiff requested $1.42 million in total damages, which included $16,417 in past medical costs, and unspecified amounts for future medical expenses as well as pain and suffering.
Injuries
Plaintiff lost a tooth from the fall, and had to have other teeth surgically removed. She continued to experience pain and discomfort in her mouth due to the incident.
Result
The jury found in Alexander's favor and awarded her $169,597 in total damages, which included $16,417 in past medical expenses, $3,180 in future medical expenses, $100,000 in past pain and suffering, and $50,000 in future pain and suffering.
Other Information
FILING DATE: Jan. 25, 2013.
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