Injury (Motor Vehicle) Complaint Filed (Jury Demand) - Complaint at Law July 08, 2024 (2024)

 
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 Law Division Motion Section Initial Case Management Dates for £2t P@bSR(AYRYD,E,F,H,R,X,Z) will be heard In Person.All other Law Division Initial Case Management Dates will be heard via ZoomFor more information and Zoom Meeting IDs go to https./www.cookcountycourt,org/HOME?Zoom-Links?Agg4906_SelectTab/12Court Date: 9/11/2024 9:30 AM FILED 7/8/2024 11:29 AM IRIS Y. MARTINEZ IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS CIRCUIT CLERK COUNTY DEPARTMENT - LAW DIVISION COOK COUNTY, IL 2024L007471 LINNEA C. FERNANDEZ, Calendar, R 28403558 Plaintiff, Vv. No. 2024L007471 A AND I MEDICAL TRANSPORTATION JURY DEMANDED INC., Defendant. COMPLAINT AT LAW NOW COMES Plaintiff Linnea C. Fernandez, by and through her counsel, POWER ROGERS, LLP, hereby complaining against Defendant A and I Medical Transportation Inc., pleading hypothetically and in the alternative, states as follows: 1 On or about July 27, 2023, and at all times material, Defendant A and I Medical Transportation Inc. (hereinafter “A and I”) was a corporation duly organized and existing under the laws of the State of Illinois. 2 On or about July 27, 2023, and at all times material, Defendant A and I conducted its business as a common carrier within the County of Cook, State of Illinois. 3 On or about July 27, 2023, and at all times material, Defendant A and I provided non-emergency medical transportation for individuals requiring transportation to and from their medical appointments. 4. On or about July 27, 2023, and at all times material, Defendant A and I employed personnel who acted as drivers and transported individuals to and from their medical appointments. 5 On or about July 27, 2023, and at all times material, Defendant A and I owned transportation vehicles that would be used to transport individuals to and from their medicalappointments. 6 On or about July 27, 2023, and at all times material, the individuals employed byDefendant A and I to act as drivers of their transportation vehicles were acting as Actual and orApparent Agents. i On or about July 27, 2023, and at all times material, the individuals employed byDefendant A and I to act as drivers of their transportation vehicles were acting within the scope andauthority of their Employment and/or Agency with Defendant A and I. 8 On or about July 27, 2023, and at all times material, Plaintiff Linnea C. Fernandezwas a resident of the County of Cook, State of Illinois. 9 On or about July 27, 2023, and at all times material, Plaintiff Linnea C. Fernandezwas a disabled individual who required transportation to and from her scheduled medicalappointments. 10. On or about July 27, 2023, and at all times material, Plaintiff Linnea C. Fernandezhad a scheduled medical appointment. 11. On or about July 27, 2023, and at all times material, Plaintiff Linnea C. Fernandezwas in a wheelchair due to her disability. 12. On or about July 27, 2023, and at all times material, a Defendant A and I medicaltransportation van arrived at Plaintiff's home to transport her to her scheduled medical appointment. 13. On or about July 27, 2023, and at all times material, an individual employed byDefendant A and I placed the Plaintiff, sitting in her wheelchair, into the transportation vehicle andproceeded to transport her to her medical appointment. 14, At all relevant times, Defendant A and I owed its passengers, including PlaintiffLinnea C. Fernandez, the highest duty of care as a common carrier. 15. At all relevant times, Plaintiff Linnea C. Fernandez relied upon Defendant A and I,and its employee driver, for her safety as a passenger within the transportation vehicle. 16. On or about July 27, 2023, and at all times material, Defendant A and I’stransportation vehicle carrying Plaintiff Linnea C. Fernandez came to a sudden stop while travelingat or around 4501 W. 95" Street, Oak Lawn, Illinois. 17. On or about July 27, 2023, and at all times material, Defendant A and I’s employeedriver had secured Plaintiff's wheelchair within the vehicle prior to proceeding to her medicalappointment but had failed to secure her shoulder strap and safety belt. 18. On or about July 27, 2023, as a result of not being properly belted and secured withinthe transportation vehicle, Plaintiff Linnea C. Fernandez was thrown from her wheelchair whenDefendant A and I’s transportation vehicle stopped suddenly. 19. On or about July 27, 2023, at all times material and upon information and belief,Defendant A and I Medical Transportation Inc., by and through their agent and /or employee driver,was negligent in one or more of the following ways: (a) Failed to secure the Plaintiff with safety belts and/or straps while she was being transported to her medical appointment, contrary to and in violation of its duty as a common carrier; or (b) Failed to provide the Plaintiff with a reasonably safe environment while being transported to her medical appointment, contrary to and in violation of its duty as a common carrier; or (c) Creating and permitting a dangerous and hazardous condition of the Plaintiff being unsecured in her wheelchair while she was being transported to her medical appointment, contrary to and in violation of its duty as a common carrier.20. As a direct and proximate result of one or more of the above negligent acts and/oromissions, Defendant A AND I MEDICAL TRANSPORTATION INC., by and through its agent,apparent agent and/or employee driver, Plaintiff Linnea C. Fernandez was caused to suffer injuriesofa personal, permanent and pecuniary nature, including but nor limited to pain, emotional suffering,loss of her normal life and substantial expenses for medical and hospital care. WHEREFORE, Plaintiff Linnea C. Fernandez, by and through her counsel, POWERROGERS, LLP, hereby pray for judgment against Defendant A and I Medical Transportation Inc.for a sum of money in excess of FIFTY THOUSAND DOLLARS [$50,000.00] or other relief sheis entitled to. POWER ROGERS, LLP By:/s/ Sean M. HoulihanSean M. HoulihanPOWER ROGERS, LLP70 W. Madison StreetSuite 5500Chicago, IL 60602(312) 236-9381shoulihan@powerrogers.com 

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