NEW ORLEANS – An ambulance company is being sued by a New Orleans man who was allegedly injured when he was a passenger in an ambulance that was in an accident.
Will H. Spears, husband of Joanne Spears, filed suit against Acadian Ambulance Service, Inc., Bobby Noel, Andria Jamison, Rynel Brown and Zurich American Insurance Company in the Orleans Parish Civil District Court.
Spears, who is wheelchair bound, was being transported to the V.A. Medical Center for an appointment by Acadian Ambulance Service whose employees allegedly placed a lap seat belt on him, but not a shoulder strap. The plaintiff claims that as he was being transported a vehicle driven by Noel collided with the back of the ambulance injuring him and damaging his wheelchair.
Noel is accused of failing to take evasive action to avoid the incident, failing to stop of apply his brakes in sufficient time to avoid the accident, failing to use due care and caution under the circumstance, failing to maintain proper control of the vehicle, operating the vehicle at an excessive speed.
Jamison is accused of permitting Noel to operate her vehicle in a negligent manner, negligent entrustment and negligence.
The defendant Brown and Acadian are accused of failing to properly position, fasten and secure he plaintiff, failing to secure the wheelchair, failing to maintain a proper lookout, failing to take evasive actions, failing to use due care and failing to properly react to changing traffic conditions.
An unspecified amount in damages is sought for medical expenses, physical pain and suffering, mental anguish, emotional distress, loss of enjoyment of life and damage to plaintiff's wheelchair.
Spears is represented by New Orleans-based attorney Jeffrey T. Greenberg.
The case has been assigned to Division J Judge Paula A. Brown.
Case no. 2012-09271.