Wrongful death case filed against transportation service; Damages sought for pre-morbid pain

Kyle Barnett Jul. 19, 2012, 5:25am

R. Justin Garon

NEW ORLEANS – A transportation service is being sued by the family of a woman claiming injuries sustained while in the service's care led to her death.

Nia K. Falls, Keshia Falls, Dwayne Falls, and Ronald Johnson on behalf of the estate of Earnestine J. Falls filed suit against H&GB's Transportation Services, LLC and Brandon Moore in the Orleans Parish Civil District Court on June 28.

The plaintiffs claim Earnestine Falls was being transported in her wheelchair by Moore in the defendant's van when the wheelchair tilted and Falls fell. The plaintiffs allege the serious injuries Falls received in the incident ultimately led to her death.

The defendant is accused of failing to provide appropriate access in the transport van, failing to provide safe conditions for transporting wheelchair bound patients, failing to provide necessary personnel to transport patients and failing to give instruction to employees in the appropriate method of transporting wheelchair-bound patients into the van.

An unspecified amount in damages is sought for pre-morbid pain, suffering, mental anguish, disability, fright, fear of impending death, loss of companionship and funeral costs.

The defendants are represented by New Orleans-based attorney R. Justin Garon of Silbert & Garron, LLP.

The case has been assigned to Division G Judge Robin M. Giarrusso.

Case no. 2012-06364.

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