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Lowry and Ebert Obtain Defense Verdict in Wheelchair Ramp Accident

December 3, 2018

Michael Lowry (Partner-Las Vegas) and Amanda Ebert (Associate-Las Vegas) obtained a defense verdict for a client that provides fixed-route bus mass transit services in Las Vegas. The plaintiff de-boarded at a stop and retrieved his bicycle within five feet of the front door; as he approached the front door with his bicycle, a wheelchair ramp touched his right forearm. The plaintiff argued the bus driver was negligent for deploying a wheelchair ramp and causing injuries. At trial, the liability defense was premised on video showing how the wheelchair ramp works. The plaintiff stated he never saw the ramp moving during the four to five seconds it would have taken to reach a position where it could touch him, and denied seeing a warning light flashing or hearing the loud beeping sound the ramp makes when moving, despite standing within feet of the ramp, light and speaker during the time the ramp was moving. The jury in the Eighth Judicial District Court returned a defense verdict after 35 minutes of deliberation.

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