Connie Arnold v. Virgin Sturgeon Inc.
Published: Aug. 2, 2008 | Result Date: Apr. 17, 2008 | Filing Date: Jan. 1, 1900 |Case number: 07CV01600(WBS) Settlement – $67,500
Court
USDC Eastern
Attorneys
Plaintiff
Paul L. Rein
(Rein & Clefton)
Defendant
Gene J. Stonebarger
(Stonebarger Law APC)
Kathleen E. Finnerty
(Finnerty Law Offices Inc.)
Facts
On Aug. 19, 2005, plaintiff Connie Arnold had trouble maneuvering wooden planks while a customer at defendant Virgin Sturgeon, a bar and restaurant located at 1577 Garden Highway in Sacramento, California. She sued defendant for violation of Health & Safety Codes and the Americans with Disabilities Act.
Contentions
PLAINTIFF'S CONTENTIONS:
The plaintiff contended she crashed on defendant's "jet way" ramp after building up too much speed when proceeding down a long wooden ramp. There were either no rails or inferior handrails on the long, steep slopes. Before and after being seated, plaintiff had difficulty navigating the restaurant's narrow travel paths. She also could not access the restroom at the rear of the restaurant and as a result, suffered a humiliating accident. Plaintiff later returned to the restaurant, where there was improved access, but she was still denied access to outdoor seating and the restroom.
Injuries
The plaintiff suffered emotional distress.
Result
The parties settled for $67,500. Defendant agreed to undertake remedial work on the disabled parking spaces, restrooms, and ramps. Defendant also agreed to provide $67,500 to a trust for plaintiff's benefit.
Other Information
FILING DATE: Aug. 6, 2007.
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