Wheelchair user alleges Respiratory Care Plus negligently repaired chair

By Jenie Mallari-Torres | Mar 4, 2019

FRESNO – A woman alleges negligent repairs made by a business on her electric wheelchair caused her to fall and fracture her hip.

Beverlee Newcomb filed a complaint on Feb. 13 in the Fresno County Superior Court against Respiratory Care Plus and Does 1-50 alleging general negligence.

According to the complaint, the plaintiff alleges that on Feb. 22, 2017, her electric wheelchair was serviced by the defendant in a negligent manner. She alleges she "barely touched" the joy stick control of the chair when it lunged forward at a high rate of speed, causing her to fall out of it and fracture her hip.

The plaintiff holds Respiratory Care Plus and Does 1-50 responsible because the defendants allegedly breached their duty by failing to perform the repairs in a competent manner.

The plaintiff seeks judgment against the defendants for compensatory damages, costs of suit and other relief as is fair and just. She is represented by Benjamin P. Tryk of Tryk Law PC in Fresno.

Fresno County Superior Court case number 19-CECG-528

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