NEW ORLEANS – A home heatlhcare agency is being sued after one of its drivers allegedly failed to assist an elderly couple when entering a building causing one of them to fall down five flights of stairs.

Victoria Mistrot, and husband Louis, filed suit against JenCare Neighborhood Medical Midcity LLC in the Orleans Parish Civil District Court on Aug. 15.

The plaintiffs claim that on June 30, they were scheduled for an eye appointment at the JenCare offices located at 4710 S. Carrolton Avenue in New Orleans. On that day, JenCare provided medical transportation from the couple’s home at 816 Joe Yenni Blvd., Apt. 2 in Kenner. The JenCare driver was allegedly supposed to assist both petitioners out of the vehicle upon pickup and delivery to 4710 S. Carrolton Ave. in New Orleans.

The JenCare driver allegedly proceeded to drop off Victoria and Louis Mistrot in front of the building located at 4710 S. Carrollton Ave. in New Orleans instead of at the handicap ramp, which would have allowed the couple to forgo five flights of steps required to enter the building. Their eye examinations required their health care provider to dilate the couple’s eyes, which increased their level of sensitivity to light. Upon exiting the building, the Mistrots were again left to traverse down five flights of steps without assistance where Victoria Mistrot allegedly misjudged one of her steps and fell.

Victoria Mistrot, 82, contends as a result of the incident she suffered throbbing pain in both her knees the following day, requiring an ambulance to take her to East Jefferson General Hospital where she received treatment for a severely fractured knee cap.

The defendant, the JenCare driver, is accused of failing to account for the couple’s age, assist the couple in entering the building, accounting for their eyes being dilated, helping the couple exit the medical transport bus, only assisting Victoria Mistrot once she fell, and taking her to an emergency room where her injuries would be immediately evaluated.

Louis Mistrot is seeking an unspecified amount in damages for loss of consortium, loss of enjoyment, and medical expenses due to his wife’s injuries.

The plaintiffs are represented by Thomas E. Loehn of Boggs, Loehn & Rodrigue.

The case has been assigned to Div. F Judge Christopher J. Bruno.

Case no. 2014-08035.

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