MEDICAL TRANSPORT NOT A COMMON CARRIER

In Aisha Browne v. SCR, a recent decision out of the First District Appellate Court, the Court concluded that a medical transport company is NOT a common carrier.

The facts showed that SCR is a medical transport company that provides paratransit services to disabled persons. SCR had previously entered into a contract with the Chicago Transit Authority(CTA)to transport disabled persons who were unable to use the mainline services. Shortly thereafter, a driver for SCR sexually assaulted Ms. Browne, who is disabled. Browne filed suit against SCR and alleged it was a "common carrier". Plaintiff did so in order to expand the duty that SCR owed its passengers. If SCR turnd out to be a common carrier, it would owe its passengers a higher duty of care. If SCR was not considered a common carrier, it would only owe passengers ordinary care and wouldn't be responsible for the intentional acts of its employees. SCR filed a motion for summary judgment arguing it was not a common carrier. The trial court agreed and granted SCR's motion and the plaintiff appealed.

On appeal the Apellate Court explained that a common carrier is one who agrees to carry the general public so long as there is room and no legal excuse for refusal. A private carrier on the other hand, tranports people by special agreement. A private carrier need not pick up everyone who wants a ride. Unfortunately for the plaintiff, SCR did not serve all of the general public but only those people who met certain eligibility guidelines. In addition, SCR, under certain circumstances could turn riders down for a variety of reasons. SCR, by all appearances was a private carrier. Plaintiff, to his credit, also tried to make SCR a common carrier by claiming they stepped into the shoes of the CTA, which typically IS a common carrier. Court didn't buy the argument however, and affirmed the lower court.

This case has direct impact on a case I am currently litigating against a local company that also provides transport to chronically ill patients. My client was injured on a fall on the bus. I have alleged the defendant was a common carrier, but based on this case, I should anticipate a Motion to Dismiss. I'll just hope defense counsel doesn't keep up on the case law.