Darlene S. v. MTF Delivery–Plaintiff received a settlement of $170,000.00. Plaintiff is a wheelchair-bound individual who was riding a paratransit bus operated by a subcontractor hired by the Greater Cleveland Regional Transit Authority. The paratransit bus was equipped with tie-down straps. When properly used, these straps firmly anchor a wheelchair to the floor of a paratransit bus. The paratransit bus was also equipped with a seatbelt and shoulder harness to secure a passenger into his/her wheelchair.
The paratransit bus was broad-sided by a delivery truck, which failed to yield the right of way while it was pulling out of a driveway.
Although the impact to the paratransit bus was not substantial, plaintiff’s wheelchair tipped over because the driver of the bus did not not properly secure the plaintiff’s wheelchair to the floor of the paratransit bus. The driver also failed to belt plaintiff into her wheelchair. When the wheelchair tipped, plaintiff was thrown out of her wheelchair and onto the floor of the paratransit bus. She suffered a fracture to her left humerus bone, just above the elbow. The fracture left the plaintiff with restricted range of motion of her left elbow.
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