ADA

Plaintiff, a severely disabled student, was seriously injured when another adult student pulled a heavy metal gate off its runners striking plaintiff on the head. Plaintiff claimed she suffered head and related injuries in addition to an exacerbation of her underlying physical and emotional preexisting debilitating conditions. The school was opened and designed for the most profoundly disabled adult students. Plaintiff alleged that Defendant, school district, never conducted an audit to confirm compliance with the American with Disabilities Act (ADA) and had a significant number of ADA violations that posed safety risks to disabled students.

Plaintiff, a deaf adult, was taken by her hearing-enabled mother to a local major hospital with severe abdominal pains. Although plaintiff’s mother could “sign” as necessary for communication, she had no medical training and an ASL medical interpreter was requested upon arrival at the ER. The nursing staff promised that an ASL interpreter had been called and was on the way; however, none appeared. Over the succeeding five days, an ASL interpreter was requested each day; one was promised and none appeared. A meeting with the surgeon took place without an ASL interpreter. The mother tried to assist but lacked medical knowledge. Although the surgery was successful, the only time an ASL interpreter appeared was on the day of discharge in order to review the hospital bill with the client. After over five (5) years of litigation, the case resolved in Mediation.

Decedent, a disabled nursing home resident with a new motorized wheelchair, was taken out by his family to the park. With his family observing from behind, he rolled over an unmarked dangerous condition in violation of the American with Disabilities Act (ADA), dropped from an elevated platform to a concrete walkway, landed on his head, and died three days later. Plaintiffs alleged violations of Civil Rights, ADA, and Disabled Persons Act.