Legal Question in Disability Law in New York

I care for my sister who has Cerebral Palsey. She has no use of her legs and is in a wheelchair. Last night an MTA Access-A-Ride service van picked her up from church and brought her home about 8PM. The driver removed her from his van via the electrical lift and rolled her onto the sidewalk. My sister also has an extreme stuttering problem. So, after a few attempts, she asked him if he could ring the doorbell (which is about 12 feet away from the sidewalk) so someone could come out to help get her inside. He flat out told her NO. He then got back in his van and took off leaving her alone and stranded in the dark, in the pouring rain to fend for herself. My sister then tried to get to our front door on her own, but she fell over in her wheelchair and was stuck in the chair laying on her side in the dirt and gravel. She had been laying there for over an hour in the pouring rain before we discovered on the ground in the dark. She was scared upset and crying, and soaked from head to toe. I would like to know if you feel we have a case.


Asked on 4/23/12, 2:36 pm

1 Answer from Attorneys
Jason Stern Law Offices of Jason Stern

The answer would depend on the job description and duties of the MTA Access-A-Ride drivers. From the circumstances it sounds as though someone is supposed to meet the van at the stop to assist the disabled party. If the driver's job is to simply assist the disabled person in exiting the vehicle, then there is probably no liability here. In any event, the damages in this case sound nominal. Thankfully, the injuries weren't serious.

Good luck!

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Answered on 4/24/12, 1:39 pm


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