An 80 year old, wheelchair-bound retired minister was being driven to a relative’s wedding in her nursing home’s van where she lived along with her husband. The driver failed to secure the wheelchair inside the vehicle and when he made a sudden stop she was thrown forward out of the wheelchair onto the seat in front of her and the floor. The driver put her back in the chair and continued to the church. When they arrived the family saw her behaving erratically and disoriented. She was rushed to the hospital where she died later that day from a brain bleed.
We determined that the van driver was an untrained elderly resident of an assisted living facility next door to the nursing home.
The case settled at mediation for $325,000