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Defective running board on van caused fall, plaintiff claimed

Amount:

$100,000

Type:

Settlement

State:

Florida

Venue:

Broward County

Court:

Broward County Circuit Court, 17th

Injury Type(s):

knee; knee-medial meniscus, tear;
ankle; ankle-ankle ligament (talofibular ligament, tear), tear (talofibular ligament, tear);
other-physical therapy; other-cortisone injections; other-decreased range of motion

Case Type:

Slips, Trips & Falls – Falldown; Worker/Workplace Negligence – Negligent Maintenance

Case Name:

Lisa Levy v. Medex Transport, Inc.,
No. 15-004286 (08)

Date:

May 11, 2016

Parties

Plaintiff(s):

Lisa Levy (Female, 53 Years)

Plaintiff Attorney(s):

Steven J. Chackman;
Bernstein, Chackman & Liss;
Hollywood,
FL,
for
Lisa Levy ■ Brandon E. Stein;
Steinlaw, P.A.;
Aventura,
FL,
for
Lisa Levy

Defendant(s):

Medex Transport, Inc.

Defense Attorney(s):

Matthew J. Chohonis;
ChohonisLaw;
Coral Gables,
FL,
for
Medex Transport, Inc.

Insurer(s):

Global Liberty Insurance Company of New York for Medex Transport, Inc. ($1 million policy limit.)

Facts:

On January 9, 2014, plaintiff Lisa Levy, 53, alleged she fell after she attempted to board a medical transport van. Levy claimed she injured her right knee and right ankle. Levy sued the owner of the van, Medex Transport, Inc., for negligence. Levy’s counsel claimed Levy, who is disabled, was being transported from a grocery store back to her residence after shopping. Levy alleged that as she attempted to board the vehicle outside the grocery store, she placed her right foot on the provided "running board" attached to the van. She alleged the running board was loose, not properly maintained, and/or broken, which caused her to lose her footing and unexpectedly fall. Levy alleged Medex knew or should have known the risk of injury to her that was posed by the loose, inadequately maintained and/or broken running board on its vehicle. The court granted Levy’s summary judgment on liability against Medex.

Injury:

Levy was transported by ambulance to a local emergency room with complaints of pain in her right knee and right ankle. She had X-rays and was discharged. Levy was ultimately diagnosed with a medial meniscus tear in her right knee and an anterior talofibular ligament tear in her right ankle. Levy underwent six months of physical therapy and received two cortisone injections in her right knee. Levy claimed residual pain, decreased range of motion, and limitations walking. Levy sought to recover damages for past/future medicals and past/future pain and suffering. Defense counsel for Medex Transport, Inc. did not actively dispute the issue of Levy’s damages.

Result:

Prior to trial, the case was settled with Medex’s insurance carrier agreeing to pay Levy $100,000.

Editor’s Comment:

This report is based on information that was provided by plaintiff’s counsel. Defense counsel did not respond to the reporter’s phone calls.