The law firm of Bisnar | Chase has filed a lawsuit against the City of Simi Valley, MDM Construction and FIVE K, the owners, contractors and inspectors of a Del Taco in Simi Valley, for an unsafe ramp that allegedly caused the death of an elderly woman. The premises liability action was filed on behalf of Philip, Serena and Douglas Young, the deceased woman's children.
Ventura County, CA (PRWEB) May 26, 2009 -- The law firm of Bisnar | Chase (www.bisnarchase.com) has filed a lawsuit against the City of Simi Valley, MDM Construction and FIVE K, the owners, contractors and inspectors of a Del Taco in Simi Valley, for an unsafe ramp that allegedly caused the death of an elderly woman. The premises liability action was filed on behalf of Philip, Serena and Douglas Young, the deceased woman's children.
Premises Liability Action Cites Violation of Disability Act
On March 12, 2008, Winnie Young and her son Philip went to a Del Taco in Simi Valley that had opened approximately a week before. As they left the eatery, Winnie was in a wheelchair and Philip had begun guiding her down the ramp to the parking lot. "The lack of handrails and a sharp drop off to the parking lot--not visible from Philip's vantage point--prevented Philip from properly negotiating the ramp and she fell out of her wheelchair," said California personal injury attorney Brian Chase.
The absence of handrails along the path to guide disabled users to the safe boundaries of the wheelchair ramp, or to help gauge the height difference between the curb and the level of the parking lot violated applicable building codes as well as Federal Americans with Disabilities Act guidelines. A few days after the accident, a bar was constructed and the ramp was made safer. The property owner and general contractor named in the suit had not originally followed applicable building codes, and the City of Simi Valley signed off on the construction.
Personal Injury Followed by Wrongful Death
Winnie experienced a number of critical injuries, including brain injury, as she fell out of her wheelchair and hit her head on the asphalt parking lot. "She suffered a heart attack during the incident and bleeding on the brain that needed surgery, and she lay in a coma for 1 1/2 weeks," noted California wrongful death lawyer John Bisnar. In addition, Winnie suffered broken upper teeth and a punctured lip. Winnie was already aging and in a wheelchair. She never fully recovered from the accident and died earlier this year.
Jury Trial and Damages Sought for Plaintiff's Negligence
In their suit against the property owner, the general contractor and the city, Winnie's surviving children seek a jury trial and recovery of damages suffered by their mother for the medical, dental, housing, nursing convalescent and hospice care she received as a result of her fall. Plus the costs of funeral and burial expenses and the emotional loss of their mother are a part of the recovery. "We feel that the recovery we're seeking on our clients' behalf is fair and equitable," noted Brian Chase.
The case is pending in the Superior Court of California, County of Ventura, East County Division, case number 56-2009-00342837-CU-PO-SIM.
About Bisnar Chase
The Bisnar | Chase law firm's Orange County personal injury attorneys represent people who have been very seriously injured or lost a family member due to an accident, defective product or negligence throughout California. The law firm has won a wide variety of challenging personal injury and defective product cases, involving car accidents, on-the-job accidents, dog attacks and defective products made by Fortune 500 companies. For more information, visit www.bisnarchase.com and www.californiainjuryblog.com.
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