Fri, Aug 29 2008
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Published July 15, 2008 09:47 am - Transit company sued over death By BOB GIBBINS TAHLEQUAH DAILY PRESS — STILWELL – Damages are being sought from a public transportation company after an incident that claimed the life of an Adair County woman.
Lillie Faye Baird filed her suit last week against Kibois Area Transit System, seeking damages in connection with the death of Shelley Denise Baird. Shelley Baird died Aug. 8, 2006, leaving no children, spouse or father. Lillie is the victim’s mother. KATS operates a system of buses as a common carrier of passengers for hire. The buses are operated in Adair County and other eastern Oklahoma counties, including Cherokee County. The suit states Shelley – a blind and wheelchair-bound double amputee – boarded a bus in Stilwell for transport to a dialysis center on July 28, 2006. The suit alleges she boarded the KATS bus by an electronic wheelchair loading ramp and paid $2 for her trip to the dialysis center. The suit alleges KATS personnel knew Shelley had the medical conditions and would need assistance to be properly loaded and unloaded. KATS agreed to assist Shelley with loading and unloading her and her wheelchair. But the bus driver, the suit alleges, failed to provide assistance, and Shelley was not properly loaded and secured in the bus. Her wheelchair flipped over backward out of the vehicle with Shelley in it. The suit claims the incident occurred because Shelley was not properly loaded and secured in the bus. This caused her to be “severely injured” and is being blamed as the direct cause of her death. The suit alleges Shelley experienced “great pain and suffering of mind and body” and ultimately loss of life. Lillie says she has been deprived of her daughter’s “society, comfort and companionship.” The suit also alleges the conduct of KATS was done in “gross disregard” of Shelley’s right to “reasonably safe passage.” Lillie is seeking actual and punitive damages in excess of $10,000, interest, court costs and attorney fees. 
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