A Troup County jury has awarded the 94-year-old father of a disabled woman, Mary Ellen Humphrey, upwards of $3 million dollars after she was fatally ejected from a transport vehicle following a LaGrange, Georgia car accident. Pivotal to the plaintiff's victory in his wrongful death action, Greg Lands reports in the Daily Report's December 30 issue, was evidence that "restraining straps that should have been installed on the stretcher were missing." The single 63-year-old woman, who suffered from paralysis in her legs among a plethora of other health problems, had resided at a nursing home facility for approximately four years and required transport to and from the West Georgia Dialysis Center three times per week.
Ms. Humphrey had been placed on the stretcher and loaded onto a transport minivan owned by Brilansie Enterprises for a return trip from West Georgia Dialysis shortly before the 2010 auto crash. The resulting wrongful death suit was filed against the defendant driver (who perished later in an unrelated event), the executor of the defendant driver's estate, the driver of the transport van, Brilansie Enterprises (the transport company) and its insurer, and Southeastrans Inc., an Atlanta-based company that engages subcontractors who in turn provide NET to Medicaid and Medicare patients.
Evidence produced showed that Ms. Humphrey had been restrained by three straps across her torso when the defendant driver struck the vehicle, but the shoulder straps were conspicuously absent once she was extricated from the vehicle. The force of the impact "threw her forward from beneath...[the torso straps] and into the driver's seat 'with such force that it bent,' then continued forward, with her head slamming into the front console and her body wedged beneath the two front seats," according to the Daily Report's interpretation of the pre-trial order. Her injuries, which resulted in her death at the scene, included 18 broken ribs, a skull fracture, and a broken femur.