Plaintiff, a pre-existing above-the-knee double leg amputee, sustained bilateral shoulder injuries when the operator of the paratransit vehicle in which he rode negligently failed to assist him down the ramp of the van at his destination. Defendant’s driver violated several policies and procedures at the time of the incident, including abandoning plaintiff in his wheelchair inside the vehicle. As plaintiff attempted to wheel himself down the exit ramp, he could not control his speed. When he reached the bottom of the ramp, plaintiff fell forward from his wheelchair and onto his outstretched hands, badly injuring his shoulders. Plaintiff underwent multiple surgeries on each shoulder to repair the damage, including two reverse shoulder replacement procedures. Because plaintiff relied on his shoulder for all of his mobility due to his preexisting double-leg amputation, his shoulder injuries severely impacted his life.
The attorneys of Abramson Smith Waldsmith LLP negotiated a settlement of the case with the paratransit company in the in the mid-seven figures less than one week before the start of trial.