Posted on: Monday, July 1, 2002

City settles Handi-Van lawsuit

By Curtis Lum
Advertiser Staff Writer

The city has reached a $2.25 million out-of-court settlement with the family of a man who was injured on a Handi-Van two years ago.

Roy Muramoto, 59, filed the lawsuit in 2000 against the city, O'ahu Transit Services, which operates the Handi-Van, and Aloha State Cab. Aloha State Cab is contracted with O'ahu Transit Services to pick up clients when the Handi-Van is at capacity.

Attorney Jan Weinberg, who represented Muramoto, said his client was injured May 27, 2000, when he was riding an Aloha State Cab van for his regular dialysis appointment. Muramoto, a paraplegic at the time, was not secured properly in the van and fell over, injuring his spinal cord, Weinberg said.

Muramoto was taken to the hospital, where Weinberg said Muramoto's health deteriorated over nearly two years. Muramoto became a quadriplegic, went into a coma in April 2002 and died May 5 in his 'Aiea home.

Muramoto's lawsuit alleged that the defendants were negligent, violated the Americans with Disabilities Act, and had violated their duties as a common carrier. The lawsuit also accused Aloha State Cab of using a defective van and said the driver was not adequately trained.

Weinberg recently reach-ed a $3.6 million settlement with the defendants. Aloha State Cab agreed to pay $100,000, O'ahu Transit Services, a nonprofit company that also operates TheBus, will pay $1.25 million in damages, and the city $2.25 million.

City officials could not be reached for comment.

Aloha State Cab president June Medeiros said the company took responsibility for the incident. But Medeiros said Muramoto was already in poor health and she said there's no way to tell if the accident led to his health deteriorating.

"It's difficult to say where the ongoing responsibility lies, especially if the man had a history of medical problems," Medeiros said.

But Weinberg said the accident "put (Muramoto) out of action totally."

"He had endured enormous suffering," Weinberg said. "He had a very restricted life, but he was a very happy guy."