PHILADELPHIA -- A Philadelphia man who is disabled and who suffered an accident on a CTC Connect Paratransit van may have his federal lawsuit dismissed.
On Jun. 4, Bocachica was attempting to catch the Connect Paratransit van when the operator allegedly failed to secure plaintiff's wheelchair, causing it to topple over, causing severe injuries. Bocachica is seeking damages in excess of $50,000 and submission for compulsory arbitration.
Southeastern Pennsylvania Transportation Authority (SEPTA) on Oct. 26 filed for a dismissal of a civil action in the U.S. District Court for the Eastern District of Pennsylvania. The lawsuit was filed by Cesar Bocachica, represented by his guardian Idalia Maldonado, in the Court of Common Pleas of Philadelphia County against SEPTA before SEPTA removed the case to federal court.
The request for removal to federal court was filed because SEPTA allegedly violated the Americans with Disabilities Act (ADA), which is a federal law, specifically Title III, which "prohibits, inter alia, governmental entities primarily engaged in the business of transporting people with special needs and/or disabilities whose operations affect commerce from this community from discriminating against individuals with disabilities on the basis of their disability, and guarantees to them full and equal enjoyment of specified public transportation services," the document stated.
Bocachica alleges SEPTA violated the ADA by failing to insure that individuals with disabilities have safe access to SEPTA's vehicles and that SEPTA personnel is trained.
SEPTA also filed a motion for dismissal of the case, alleging that Bocachica "failed to state a cause of action upon which relief may be granted under the Americans with Disabilities Act."
Bocachica is represented by attorney Bernard Gross of Bernard M. Gross PC of Philadelphia, and SEPTA is represented by attorney Edward Tuite of Marshall Dennehey Warner Coleman & Goggin of King of Prussia.
The U.S. District Court for the Eastern District of Pennsylvania Case No. is 2:18-cv-04614-ER.