Articles & Awards

Jury awards $550,000 to woman's estate

Carolyn Morton was hurt

while being loaded into

transport van, later died

By Andy Kravetz

Peoria Journal Star

February 6, 2007

A Peoria County jury awarded $550,875 to the estate of a woman who died four years ago from injuries she received when she fell out of her wheelchair while being loaded into a transport van.

After three days of testimony, jurors handed down the verdict against Virgil Burt, the former owner of VB Medical Transportation. The wrongful death suit stated Burt's company was careless and negligent in the death of Carolyn Morton, 59.

Peoria attorney Ron Hanna, who represented Morton's estate, said he was pleased with the verdict. "This is a tragic accident, and I was pleased and gratified that a Peoria County jury recognized what this woman went through," he said.

Burt's attorney, John Nicoara, also of Peoria, said his client "feels very badly about what happened to Carolyn Morton. It was an unfortunate incident that we wish could have been corrected."

Morton died June 28, 2002, about two months after being hospitalized for a broken leg she sustained the fall. Hanna said she died as a result of bedsores that became infected and led to general sepsis.

"They weren't able to move her like most people could be rotated in the bed," Hanna said. "Her lack of mobility and the pain medication caused her to be much less mobile and that, plus underlying health conditions, is what made these bedsores life threatening."

Morton suffered from diabetes, kidney disease and a heart condition. Burt's private transportation company picked her up after a dialysis treatment. The wheelchair spill occurred as she was being loaded into the van.

Hanna and his son, also named Ron Hanna, argued during the trial that employees failed to follow proper loading procedures and didn't follow the warning labels on the lift system.

They also contended there was no safety restraint system on the lift.

There was no dispute regarding the fall. Nicoara, however, contended Morton tried to roll herself into the van without waiting for the driver to come around and assist her.

The elder Hanna said he believed the estate would get the money, as Burt had an insurance policy at the time. Nicoara said a decision on whether to appeal has not been made.

Before running VB Transportation, Burt was a manager of the now-defunct Door to Door Inc., which at one time was contracted by CityLink to operate its public transit service for disabled commuters.

During Burt's tenure, a Door to Door passenger died in 2000, two days after falling from a wheelchair and breaking his leg. Door to Door failed a bus safety inspection before going out of business in 2001.

Hanna & Hanna, P.C.

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Peoria, IL 61602
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