Jennifer Forbes v. Chester Hsu, D.D.S., Ronald F. Myers, Silver Star Dental Practice
Published: Oct. 3, 2009 | Result Date: Jun. 8, 2009 | Filing Date: Jan. 1, 1900 |Case number: 07CV01371(MCE) Settlement – $16,000
Court
USDC Eastern
Attorneys
Plaintiff
Paul L. Rein
(Rein & Clefton)
Defendant
Geoffrey O. Evers
(Evers Law Group, APC)
Facts
Minors, ages 9 and 10, were patients at Silver Star Dental Practice (Silver Star) located in Lincoln, and required the use of wheelchairs for mobility. Through their guardian ad litem, Jennifer Forbes, they sued Silver Star, the dentist Chester Hsu, and the owners of the building, Ronald Lee Myers and Caroline Myers, claiming the denial of access.
Contentions
PLAINTIFFS' CONTENTIONS:
Plaintiffs claimed that she had to carry the minors up the building's stairs, and then carry their wheelchairs in order to access Silver Star because there was no ramp access.
DEFENDANTS' CONTENTIONS:
Hsu contested plaintiffs' factual allegations that the minor patients' mother carried them up the stairs to receive services.
Result
Settlement was reached for $16,000.
Other Information
According to Hsu's counsel: Hsu was not the owner of the building and was forced to leave the premises and build a new ADA-compliant facility due to the owners' failure to cooperate with the remedial processes and settlement of the case. The owners filed for bankruptcy after entering into a settlement agreement that they did not honor. FILING DATE: July 11, 2007.
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