Steve Potter v. CVS Pharmacy Inc., Procare Pharmacy LLC, Berkeley Medical Center
Published: Aug. 20, 2011 | Result Date: Aug. 17, 2010 | Filing Date: Jan. 1, 1900 |Case number: 09-cv-04786-MEJ Settlement – $89,000
Court
USDC Northern
Attorneys
Plaintiff
Paul L. Rein
(Rein & Clefton)
Celia L. McGuinness
(Derby, McGuinness & Goldsmith )
Defendant
David L. Strong
(Menekshe Law Firm)
Facts
Steve Potter visited a CVS Pharmacy store on Feb. 14, 2009 to fill a prescription for pain medication. As he approached the store's main entrance traveling on his motorized wheelchair, four stairs blocked the entry. After Potter went around the corner of the building, the other entrance was blocked with a sign stating to use the main entrance. He tried the building's other sides, but all entries were blocked, and Potter left without his medication.
Contentions
PLAINTIFF'S CONTENTIONS:
Potter filed suit against CVS Pharmacy Inc., Pharmacare US Inc., Procare Pharmacy LLC, and Berkeley Medical Center, contending the parking lot was not properly accessible, failing to have proper signs, or designated parking spaces, or proper paths to the building's entrances. Potter alleged civil rights violations, and denial of access to public facilities to physically disabled persons, as well as violations of the Unruh Civil Rights and Americans with Disabilities acts.
Result
The parties reached a settlement for $89,000.
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