Seasoned trial attorney Alecia Walters-Hinds has secured her first defense verdict of 2018 in Bronx County after a jury cleared our ambulette company client of wrongdoing or negligence in suit stemming from a fall that, through a series of complications, led to the plaintiff's death. Plaintiff's counsel was seeking in excess of $3 million to resolve the case.

The plaintiff was transported by the ambulette company to a dialysis center for treatment and was escorted into the facility by the driver when the two were blocked from entering the building due to a wheelchair-bound patient. The driver allegedly left the decedent unattended, at which time the decedent fell over a wheelchair-bound patient who was in the vicinity.

As a result of the accident, the plaintiff sustained a fractured hip and was required to undergo hip surgery. The plaintiff had a history of blood clotting and was a candidate for heart stint implants to alleviate the blood clots, but the surgery was postponed due to the hip surgery. As she was unable to have the implants, the plaintiff allegedly developed blood clots following the surgery that eventually led to her death. She sued the ambulette company asserting claims for negligence and wrongful death.

We argued at trial that the ambulette driver did not breach a duty of care to the plaintiff as he escorted her into the dialysis facility and told her to wait while he opened the door for her. Moreover, the plaintiff was able to walk on her own and the driver was never put on notice that she could not stand by herself. Given the circumstances, Alecia successfully argued that the driver acted reasonably and was not negligent.

We retained an EMT expert certified in passenger assistance, sensitivity, and safety training to testify that our client complied with industry standards of due care when transporting the plaintiff. We also retained a vascular surgeon who testified that the plaintiff did not, in fact, have blood clots but instead suffered from hardened arteries, a chronic condition that is extremely common in patients like the plaintiff who have hypertension, diabetes, or end-stage renal disease. Furthermore, at the time of her fall, the plaintiff did not have plans for stents, and her fall and subsequent surgery did not delay any procedure because she did not need any procedure.

Alecia worked closely with appellate team leader Nicholas Hurzeler to get the wrongful death claim dismissed and the wheelchair patient added to the verdict sheet after motion practice. Alecia and the appellate group were also successful in limiting the testimony of the plaintiff's expert by filing a motion in limine.

After a seven-day trial, the jury returned a unanimous defense verdict in favor of the ambulette company on the negligence claim.

Alecia's defense verdict comes shortly after the newest member of Lewis Brisbois' New York trial team, P.J. Bottari, obtained a defense verdict in Bronx County in a multi-plaintiff suit stemming from an alleged motor vehicle accident. Read the full story here.

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