A tragic incident involving an elderly woman has led to a lawsuit against a medical transportation company, highlighting concerns over negligence and safety in patient transport services. Bertha Garret filed a complaint in the District Court of Harris County, Texas, on August 14, 2024, against Avante Houston Operations, Inc., doing business as Avante Medical Transport.
The lawsuit details that on March 29, 2024, Bertha Garret, an 80-year-old resident of Harris County who is wheelchair-bound due to partial paralysis from a stroke, was being transported home from a dialysis facility by an Avante driver. The driver had previously transported Garret and was aware of her inability to fasten her seatbelt due to her disability. However, on this occasion, the driver failed to secure her with a seatbelt. During the journey, the driver abruptly slammed on the brakes to avoid a collision, causing Garret to be ejected from her wheelchair and suffer serious injuries including a fractured left femur.
Garret's petition accuses Avante and its driver of multiple counts of negligence. The allegations include failing to secure Garret with a seatbelt despite knowing she could not do so herself, failing to maintain proper lookout and control of the vehicle, driving at an unsafe speed for the conditions (in violation of Texas Transportation Code §545.351), and failing to maintain an assured clear distance between vehicles (in violation of Texas Transportation Code §545.062). Additionally, the driver is accused of operating the vehicle with heedless and reckless disregard for safety (in violation of Texas Transportation Code §545.401).
Furthermore, Garret holds Avante liable under the doctrine of respondeat superior for the actions of its employee. She also claims that Avante was negligent in hiring, training, supervising, and retaining their driver and entrusting him with the vehicle despite his incompetence.
Garret seeks damages for physical pain and suffering, mental anguish, physical impairment, and reasonable medical expenses incurred both in the past and anticipated in the future. She specifies that she is seeking monetary relief exceeding $1 million but leaves the exact amount to be determined by a jury. Additionally, she requests pre-judgment and post-judgment interest on any awarded damages.
Representing Bertha Garret is attorney Alexander M. Gurevich from The Law Offices of Alexander M. Gurevich PC. The case has been assigned Case ID 2024-53096 in Harris County's 234th District Court.