San Jose Attorney Paul Caputo Honored for his Landmark Case
Leading San Jose attorney Paul Caputo has been selected as a member of the Million Dollar Advocates Forum, a group recognized as the most prestigious group of Trial Laywers in the country. Membership is limited to attorneys who have won million and multi-million dollar verdicts and settlements. Caputo's successful case, Borja v. Valley Transportation Agency (VTA), is seen as a huge victory for disabled wheelchair occupants and has transportation agencies across the country reexamining their current policies regarding passenger securement and safety.
San Jose, CA (PRWEB) July 15, 2005 -– Paul Caputo has been certified as a
member of the Million Dollar Advocates Forum, a national organization recognized
as the most prestigious group of Trial Lawyers in the country. Caputo was
recognized for his relentless work and successful outcome on behalf of a
permanently disabled woman who had to sue the Valley Transportation Authority
(VTA) to get fair compensation lifetime medical care as a result of VTA's
negligence.
Membership to the Million Dollar Advocates Forum is limited
to attorneys who have won million and multi-million dollar verdicts and
settlements. Caputo’s case, Borja v. Valley Transportation Agency (VTA), Case
number 1-01-CV-802902, is seen as a huge victory for disabled wheelchair
occupants. The jury verdict to award his client $2.165 million left
transportation agencies across the country reexamining their current policies
regarding passenger securement and safety. VTA dropped all appeals earlier this
year.
Caputo represented Maria Borja, a former Court Clerk and Santa
Clara County's Volunteer of the Year. Borja, who suffers from cerebral palsy,
has never let that stop her from living life and doing right by others. On
October 27, 2000, after taking a class for disabled students at Evergreen
College, Borja left campus to board city bus #77. Scooter-bound at the time,
Borja says she asked the driver for help strapping herself in, but claims she
was refused. Moment’s later, Borja’s scooter tipped over when the bus took a
sharp turn. She suffered a non-operable torn rotator cuff injury, a broken
shoulder joint and several head lacerations.
At
first, it appeared to be another tragic, yet all too typical, case of “he
said/she said” (or in this instance, “she said/she said”) – the driver
contending Borja never requested assistance; but neither Borja nor Caputo would
let that deter them from making their case heard. In a highly unusual move,
Caputo decided to attack what he believes is the true culprit, the recklessness
of the defendant’s wheelchair securement policy, rather than the individual
driver’s actions-in-question. A policy, Caputo argued, which lead directly to
the plaintiff sustaining major injuries that required a lifetime of care. “I
don’t blame the hardworking employees of the VTA, but rather the policy that was
implemented by decision makers. VTA was hiding behind a flawed and dangerous
policy. I believe the jury saw that,” said Caputo.
According to the
Americans with Disabilities Act, transit agencies have two choices when it comes
to establishing their wheelchair securement policies. And depending on the
agency, the terminology will differ; however, it essentially boils down to a
matter of “system choice” versus “passenger choice”. And all but a few of the
nation’s major cities have a policy of “system choice” in place. In simplest
terms, a policy of “system choice” means that the transit agency may deny
service to wheelchair occupants who refuse to cooperate with the drivers’
efforts to secure their chairs. Securement is necessary to ride. Alternatively,
“passenger choice” states that disabled passengers have the right to refuse
securement.
Currently, New York City, Chicago and San Jose are among the
few cities with a policy of “passenger choice” still in effect. In the Borja
case, Caputo went after the source of the problem. According to Caputo, the true
culprit was a widespread national public policy that effectively insulated
transit agencies from liability, by recklessly exposing disabled passengers to
substantial risk.
About Paul Caputo
Since 1989, Caputo has either
tried or handled cases as a personal injury lawyer in 23 counties, mainly
encompassing cities within the Bay Area and Northern California. His cases have
encompassed matters involving Personal Injury, Car Accidents, Toxic Exposure,
Products Liability, Reflex Sympathetic Dystrophy, Insurance, Employment,
Business and Contracts.
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Source : http://www.prweb.com/releases/2005/7/prweb262074.htm