A Texas jury has rejected a lawsuit brought by a disabled woman who was injured in an accident while being driven in a paratransit van after her driver said that she had refused to wear the van's shoulder harness for wheelchair passengers.
Facts and Allegations
Lisa Miller, a disabled woman, was a passenger in a paratransit van driven by Donald Hestilow. She was in a wheelchair, wearing the wheelchair's lap belt, but the van's shoulder harness for wheelchair passengers was not fastened.
Ms. Miller claimed that she was injured when the van was involved in an accident. She sued Mr. Hestilow, Omega Transportation Corp. (allegedly Mr. Hestilow's employer), and Tamir Saleem, the owner of Omega. Among other things, she alleged that Mr. Hestilow was negligent in failing to fasten the shoulder harness around her and that Omega and Mr. Saleem were vicariously liable for his actions.
Ms. Miller's paratransit expert opined that Mr. Hestilow should not have transported her without attaching the harness. Further, if she refused to wear it, he should have notified Omega immediately, the expert said.
A paratransit expert testifying for the defendants opined that refusing to transport Ms. Miller or attaching the shoulder harness against her will would have violated the Americans with Disabilities Act.
Result
The jury rendered a defense verdict.
The case is Miller v. Ramirez, No. 17-283888-16 (Tex. D. Ct. Tarrant Co. Feb. 6, 2019). Attorneys involved include: W. Brice Cottongame; W. Brice Cottongame & Associates; for Lisa Miller. Richard Ramirez; Law Office of Richard Ramirez; Plano, TX for Ramiro Ramirez. Greg Scott; The Scott Law Firm; Dallas, TX for Donald Hestilow , Tamir Saleem, Omega Transportation Co.
Insurance Coverage Law Center Comment
This report is based on information that was provided by plaintiff's counsel and counsel of Mr. Hestilow, Omega Transportation, and Mr. Saleem.
To see the full detailed report from our ALM partner, VerdictSearch, please click here.
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Victoria Spears
Victoria Prussen Spears is senior vice president of Meyerowitz Communications Inc., a law firm marketing communications consulting company. A graduate of Sarah Lawrence College and Brooklyn Law School, Ms. Spears was an attorney at a leading New York City law firm before joining Meyerowitz Communications. She may be contacted at [email protected].