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Ison v. Ashland Hospital Corp.5/13/2005
AFFIRMING
BEFORE: BARBER, BUCKINGHAM, AND HENRY, JUDGES.
Appellant, Bobbie Lynn Ison (Ison), sued Appellee, Ashland Hospital Corporation, d/b/a King's Daughter's Medical Center (Ashland Hospital), claiming that she was dropped during transportation to the hospital. The Boyd Circuit Court found in favor of the Hospital after a jury trial. We affirm the jury determination and judgment.
Ison requests reversal of the jury verdict in her personal injury claim against the hospital. Ison asserts that the jury was deprived of necessary information upon which to base its verdict due to an erroneous ruling regarding the admissibility of evidence. She claims that the jury ruled against her due to lack of that information. There is no reversible error in the trial court's ruling on the admissibility of evidence.
Ison was a long term patient at Kings Daughters Medical Center. On a visit to the hospital in November 1999, Ison was assisted by hospital personnel in the transferring from her car to a wheelchair in the hospital parking lot. Ison claims that she was dropped during the transfer and sustained serious physical injury . The record shows that Ison suffers from multiple sclerosis and has limited mobility. On each visit to Kings Daughters Medical Center the hospital provided transporters to remove Ison from her car, and to transfer her to a wheelchair as she was unable to move herself safely from car to wheelchair. During a visit on November 30, 1999, only one transporter was available to assist in the transfer. Ison contends that this individual was unable to safely transfer Ison from her car to the wheelchair. The transporter testified that she asked Ison to wait until a second transporter was available, but that Ison refused to wait. Ison contends that she was not given the option of waiting until two people were available to safely move her.
Due to the progression of her disease, Ison testified by deposition rather than in person at trial. Ison testified that she was too large (at 250 pounds), to be transferred from the car to a wheelchair by one person. She claims that she informed the transporter that additional personnel would be needed to safely make the transfer. Ison stated that the transporter insisted on attempting to move Ison by herself, and dropped her on the pavement. Ison testified that she struck her "hind end" forcibly on the pavement when she fell. She claims to have suffered immediate and severe pain in her lower back due to the fall. Her treating physician testified that he had to treat her for pain in her lower back and legs following the fall.
The transporter, Pat Jarrell, testified that she urged Ison to wait in the car until a second transporter arrived. Jarrell claims that Ison assured her that they did not need to wait for a second transporter, and that she would assist Jarrell in the transfer process. She claimed that Ison did not want to stay in the car any longer, and that she refused to wait for a second transporter to help with the transfer. Jarrell claimed that Ison lost her balance in the process, and slowly slid to the ground along Jarrell's leg. Jarrell testified that there was no sudden fall or impact. Ison's medical records reveal an immediate claim of pain by Ison after the fall, and show that Ison requested extensive treatment for pain in her back and leg after the fall.
Ison provided discovery responses to Ashland Hospital showing that her treating physician, Dr. Deitch, attributed the deterioration of her condition to injuries incurred in the fall, rather than to her multiple sclerosis. Dr. Deitch's records were contained in extensive medical records, and were not specifically refere
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