Former Mayor’s Family Files Wrongful Death Lawsuit Against Transportation Company

A wrongful death lawsuit has been filed against a transportation company that transports disabled residents to doctor appointments. The victim is a former mayor who suffered injuries en route to a hearing aid appointment. According to the lawsuit, the decedent was a former military veteran who had an appointment for a hearing aid with the VA. The decedent had an obvious disability as part of his leg had been removed and he required the use of a wheelchair. At some point on June 12, 2023, a van owned by the defendant was transporting the victim to his appointment. While en route, an undisclosed incident occurred that caused a severe injury to the decedent’s cervical spine. The mayor was placed into a coma and eventually died of his injuries.

His family holds the company that transported him to his home liable for the injuries that he sustained. As of yet, however, there is no clear explanation of what precisely occurred while he was en route to his medical appointment. The family has filed a wrongful death lawsuit against the transportation company and hopes to recover damages related to their losses. The decedent was 88 years old at the time of his death and was described as an active member of the community.

Elements of negligence

Generally speaking, transit companies are responsible for when they cause an injury to an individual whom they are transporting. In this case, it isn’t explicitly clear what happened, but the family feels that there is enough evidence to proceed with a lawsuit. It bears mentioning that the defendant in this lawsuit has yet to file a response. It is unclear if the driver was in an accident or whether or not the accident was his fault. The suit claims that recklessness led to the injury to the decedent’s cervical spine. But what sort of recklessness is unknown.

The plaintiffs will need to establish eventually what sort of recklessness led to their loved one’s death. It could have occurred while the defendant was being transported into the van or as a result of an accident that occurred. To prove that the medical transportation company is liable for the incident, the plaintiffs will need to establish that the accident was the fault of the driver. The allegations that they have made thus far are very strong. They claim that the defendant committed some form of recklessness and are attempting to recover punitive damages from the company he works for.

They are further claiming that the van company is responsible for negligent hiring and/or supervision of the driver. The company would be vicariously responsible for the conduct of their driver regardless of whether or not they were negligent in hiring or supervising him.

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Source:

oaklandside.org/2023/08/04/gus-newports-family-files-wrongful-death-lawsuit/