Trial Magazine

Mildred Strope, 70, was traveling in a wheelchair transport van from a hospital to her home. The driver, Donald Vinka, lost control of the van, causing it to collide with another vehicle and leave the roadway, where it struck a fence, tree, and parked vehicle before crashing into a house.

Strope, who was strapped into a wheelchair at the time of the crash, suffered internal hemorrhaging; rib and spinal fractures; and lacerations to her intestines, gallbladder, and spleen. She underwent additional hospitalization, after which she required 24-hour care until her death 32 months later. Strope is survived by her husband and two adult children.

Strope’s estate sued Emergency Medical Transport, Inc., alleging liability for Vinka’s failure to maintain control of the van and violation of traffic safety laws, including the speed limit. The plaintiff also alleged negligent entrustment of the vehicle to Vinka and inadequate training.

The defense argued that the crash was unrelated to Strope’s death from an ischemic stroke.

The parties settled for $1 million.

Citation: Ross v. Emergency Med. Transp., Inc., No. 5:15-cv-00170-JPB (N.D. W. Va. Sept. 26, 2017).

Plaintiff counsel: AAJ members Christopher M. Turak and Teena Y. Miller, both of Moundsville, W. Va.; and Robert P. Fitzsimmons and Robert J. Fitzsimmons, both of Wheeling, W. Va.