Federal Court in Manhattan Reinstates Class Action Complaint Against Ricon and ABC for Selling Buses With Non-ADA Compliant Whee
September 16 2009 - 10:00AM
PR Newswire (US)
Tens of Thousands of Buses Could Have Unsafe Wheelchair Lifts.
MANHATTAN, N.Y., Sept. 16 /PRNewswire/ -- The Federal District
Court in Manhattan reinstated a breach of contract action against
ABC Bus Inc. for selling buses equipped with wheelchair lifts that
do not comply with the Americans with Disabilities Act (ADA) and
were manufactured by Los Angeles-based Ricon Corporation, a
subsidiary of global Wabtec, Inc. (NYSE: WAB). "Because of Ricon's
and ABC's refusal to fix the problem specifically identified by two
government agencies with jurisdiction over ADA issues, Fung Wah Bus
Transportation really had no choice but to bring the lawsuit. These
companies' refusal to do the right thing is particularly troubling
since we believe that ADA non-compliant chair lifts have been
installed on tens of thousands of buses operating in the United
States," said Robert Y. Lewis of Freeman Lewis LLP, attorneys for
plaintiff based in New York City. The Ricon wheelchair lifts
installed in buses sold by ABC and others have a platform that
lifts a wheelchair and its disabled rider from the ground to bus
level. A portion of the floor of the Ricon "Baylifts" in the buses
purchased by plaintiff Fung Wah Bus Transportation, based in New
York City, is without side barriers as required by the ADA to
prevent the wheelchair from rolling off the platform, despite
assurances made by both Ricon and ABC that the lifts were fully ADA
compliant. During an ADA compliance review of Fung Wah, the United
States Department of Justice (DOJ) noted the absence of the side
barriers on the Baylift. Fung Wah purchased a number of buses from
ABC with ADA non-compliant lifts between July 2005 and January
2007. After learning of the defect, Fung Wah, at the direction of
the DOJ, asked both ABC and Ricon to fix or replace the lifts, but
both companies refused in breach of their express and implied
warranties. But on their websites both Ricon and ABC boast that the
lifts are fully ADA compliant. Lewis' investigation reveals that
the government has determined that another style of Ricon lifts
known as the "Mirage", found on the buses of the Pueblo, Colorado,
Transit Authority, does not comply with the ADA for the same reason
that the Baylift is non-compliant. ABOUT FREEMAN LEWIS LLP Freeman
Lewis LLP is a boutique law firm based in New York City that
specializes in representing clients in the resolution of complex
commercial and business disputes. DATASOURCE: Freeman Lewis LLP
CONTACT: Silver Public Relations, +1-213-369-3144, for Freeman
Lewis LLP
Copyright