Mentally disabled adult is left in vehicle by transportation service; transport settles, but residential care facility is sued as comparatively liable.
Evelyn Pascual: $1,668,275
Holy Family Children's Care Inc.: $3,845,000
Evelyn Pascual: $187,500
Holy Family Children's Care Inc.: $375,000
Evelyn Pascual: $775
Holy Family Children's Care Inc.: $250,000
Evelyn Pascual: $1,480,000
Holy Family Children's Care Inc.: $3,220,000
West Coast Trial Lawyers APLC by H. Dean Aynechi and Gilland Jones, Los Angeles.
Valiant Law by Kamran Shahabi, Ontario.
Pleiss Sitar McGrath Hunter & Hallack by Laura Sitar and Lora Ajello, Irvine.
Michael Ritter, M.D., emergency room care.
Jason Tovar, pathology.
John Abraham, thermal sciences.
Denise Kadar, duty of care.
Decedent Timothy Cortinas, a 51-year-old adult with severe intellectual disability disorder, was left in a car on a hot summer afternoon, where he died of hyperthermia.
Plaintiff's mother sued his transportation company and residential care facility for his wrongful death. The transportation company settled before trial.
That defendant Holy Family Children's Care Inc. and its owner were comparatively liable, reckless, and malicious in failing to do anything when their resident did not come home on time. Timothy was due home between 2:30 and 3:00 p.m. on the day of his death.
That defendant facility did not notify his mother when he died. She was notified by the coroner's office.
That defendant facility did not call the transportation company until 6:15 p.m. for the first time to locate Timothy. That they did not call law enforcement until sometime between 7:10 and 730 p.m. That they never called San Gabriel Pomona Regional Center which had after-hours contact information to locate Timothy.
There were many failures regarding lack of policies and procedures, training, and having relevant contact information that resulted in the above.
Plaintiff asked for punitive dmages.
Defendant residential care facility denied liability, and contended that the transportation company and the driver were 100% at fault.
Death and derivative claims of the mother. Pain and suffering of the decedent.