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Professional Negligence Law Reporter

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Negligent Hiring Supervision of Aide

January/February 2019

Nguyen v. Nyensuh, No. CJ-2015-04157 (Okla. Dist. Ct. Tulsa Cnty. May 4, 2018).

Tho Nguyen, 43, suffered from a traumatic brain injury and quadriplegia. He lived in a private home and received services from Central State Community Services Oklaho-ma (CSCS), a non-profit corporation providing community-based care to persons with disabilities. Nguyen’s sister, who was his guardian, learned that a bruise on his left side allegedly resulted from an incident in which a CSCS aide pulled him from his wheelchair and kicked him while he was lying on the ground.

Nguyen’s sister, on his behalf, sued CSCS, alleging negligent hiring, supervision, and retention of the aide, who, the plaintiff asserted, was previously named in a domestic  dispute.

The defense denied that the incident ever took place.

The parties settled for $25,000.

Plaintiff counsel: Michael J.  Masterson, Bryan L. Smith, David Fleury, Amy Hampton, and Kaelyn Shirey, all of Tulsa, Okla.