Miscellaneous Care Facility Negligence

St. Louis County
Miscellaneous Negligence

Client v. United Cerebral Palsy Assoc. of Greater St. Louis

Plaintiff’s Attorney: Robert Pedroli

Type of Claim: developmentally disabled adult allegedly scalded in bathtub while in respite care facility; Plaintiff, about 40 to 42 years old at the time, is severely disabled adult femlae who was staying at the respite facility owned by defendant when she suffered burns to her feet and thighs. Plaintiffs claimed the burns were caused by negligently placing her in a bth with water hot enough to cause first and second degree burns. Plaintiff’s mental capacity is about that of a 3 month old and after the incident, she no longer enjoys taking baths which was one of her only joys in life.

Defendant denied negligence and contended that the lesions were not burns. Further, defendant claimed that the lesions on plaintiff’s feet and thighs were actually a staph infection, cellulitis, caused by a drug reaction. Defendant contended that plaintiff’s skin healed with no complications and only a minor scar on the outside of one of her ankles.

Injuries Allged: first and second degree burns on both feet and ankles and the back of both thighs, required debridement of dead tissue from feet; medical specials: about $18,000.

Last Offer: $50,000 before and during trial
Last Demand: $60,000

Verdict: Returned October 7, 1997 for plaintiff $155,000; the Court granted $21,800 in pre-judgement interest; defendant’s motion for JNOV and new trial was pending when the parties settled for $175,000