NATURE OF CASE:

Premises Liability; Nursing home's negligent transport of hot coffee.

INJURIES ALLEGED:

Second degree burns to back; emotional distress.

NAME OF CASE:

Withheld.

AMOUNT OF AWARD / SETTLEMENT:

$68,700.00

ATTORNEYS FOR PLAINTIFFS:

Eric J. Parker, Susan M. Bourque; PARKER | SCHEER LLP, Boston, Massachusetts

CASE SUMMARY:

On February 21, 1997, the plaintiff's decedent, a 92-year-old resident of the defendant nursing home, was seated in her wheelchair, located at the entrance to her bedroom. As she waited for her private care attendant to return with a pillow, a rolling food cart, being pushed by an employee of the defendant nursing home, suddenly struck her wheelchair. As a result of the collision between the food cart and the plaintiff's wheelchair, a carafe of scalding coffee, which had been placed atop the food cart, toppled, dousing the plaintiff's back with scalding coffee.

The plaintiffs were prepared to offer evidence at trial that the plaintiff's decedent suffered second degree burns to her back, causing large, open, oozing blisters to form, and leaving her skin inflamed and tender to the touch for several weeks. Plaintiff's decedent also required additional hours of private nursing care due to stress associated with the incident and difficulties sleeping caused by her inability to lie upon her back

Depositions taken of the defendant's 30(b)(6) designate revealed that the defendant's employee had breached the nursing home's policy regarding the transport of hot coffee by placing the carafe atop the cart instead of within it, which would have prevented the injury to the plaintiff.

Because of her advanced age, the plaintiff moved for and was granted a speedy trial pursuant to G.L. c. 231, ¤59F, and Mass. R. Civ. P. 40(a). Nevertheless, the plaintiff died approximately three months prior to trial of causes unrelated to the incident

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