July, 2023

Mark Hammond and Rachel Dearmond successfully defended a Boone County, KY adult day care alleged to have committed negligence related to a fall and subsequent injury from an adult day care bus utilized on a field trip. Plaintiff fell when stepping off the bus and suffered a fractured skull, brain hemorrhage, and encephalomalacia. The allegation being that the adult day care failed to place a “spotter” at the bottom of the bus steps to assist Plaintiff, who suffered from Down Syndrome. Plaintiff sought $3 million in damages. Hammond and Dearmond defended by submitting that the day care appropriately conducted an initial nursing assessment upon the Plaintiff’s admission to the program, based on information provided by the Plaintiff’s sister. A care plan was enacted based on that assessment and was confirmed by the Plaintiff’s treating physician. Appropriate supervision was provided based on that care plan and the day care’s continued evaluation of Plaintiff’s needs. A 10-2 defense verdict was returned in approximately 1 hour.

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