Confidential
Settlement – $1,000,000Judge
Court
San Francisco Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Scott F. Dye
(medical)
Facts
Shirley Carper, a tenant at 2001 California Street in San Francisco, requested a reasonable accommodation from her landlord, 2001 California Partnership, for her disability, degenerative arthritis in her knees. She requested that her parking space be moved from the basement level, which had no elevator access and a very steep staircase, to the first floor, which had elevator access and no stairs. She also requested an additional key for her caregiver to assist her with daily activities. She was denied the requested accommodations for three years, and was told repeatedly that she was not disabled enough to warrant the different parking space or the additional key. The landlord also harassed her by watching her comings and goings from the apartment building by, among other ways, using the building's security cameras. Several organizations, including Project Sentinel, San Francisco Human Rights Commission, and the DFEH all requested the accomodations for Ms. Carper, and all requests were denied. According to the defendant's responses to discovery, a total of nine spaces became available on the garage level where Ms. Carper requested to park her car.
Result
The jury returned a verdict for the plaintiff on all counts of discrimination and harassment and made a finding that the standard for punitive damages had been met against all defendants. Before the punitive damages phase was presented to the jury, the case settled for $1 million, paid by defendant 2001 California Partnership only, and the individual defendants were dismissed. Real Party in Interest, Shirley Carper, was the sole recipient of $1 million. Real Party in Interest Project Sentinel obtained a judgment of $2,500.
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