Professional Negligence Law Reporter

Verdicts & Settlements: Medical Transportation

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Failure to prevent fall from van

June 23, 2020

Milton Earls, 72, suffered from ALS and used a wheelchair. After receiving a ride from an appointment to his nursing home in a Sol Transportation specialized van, Earls was left in the van with its side and rear doors open. After the transport driver turned away, Earls’s wheelchair rolled out of the van and crashed to the asphalt below. He suffered sinus and facial fractures and bruising to his face, knee, and arm.

Earls sued Sol Transportation, alleging negligence, ADA violations, and elder abuse. The plaintiff claimed that the defendant’s driver had negligently untethered his wheelchair before turning away, leaving him at risk of falling from the van, which was parked on an incline.

The parties settled for $150,000.

Citation: Earls v. Sol Transp., Inc., No. 37-2019-00031753-CU-PO-CTL (Cal. Super. Ct. San Diego Cty. Dec. 19, 2019).

Plaintiff counsel: James Iagmin, Richard Prager, Carlie Bouslaugh, and AAJ member Charles Roseman, all of San Diego.