Case Results

Negligent Transport Of Mentally Challenged Woman

$1,575,000 Recovery

Marlene L. v. Adult Day Training Facility and Paratransit Company
Broward County, Florida
Attorney for Plaintiff: Robert M. Roselli

Marlene, a 37 year old mentally challenged woman, was transported to a park with her Day Training School. Upon arrival, Marlene was provided no assistance down the van steps causing her to fall and land full force on her extended foot resulting in a severe knee fracture. A lawsuit was brought against the Paratransit company and the School for negligence. Defendants asserted that Marlene was already off the van when she "twisted" her knee and that there was no need or duty to assist. A major obstacle was that all witnesses were Defendant employees and Marlene was unable to testify.

After 4 years of contentious litigation and discovery the defenses fell apart. With each defense refuted, it was clear that Marlene should have been given a "helping hand". Marlene’s future economic needs were assessed by Life Care Planning and detailed Economic Analysis.

Published: Florida Jury Verdict Review & Analysis Volume 15, Issue 10, October 2005

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