Jean Riker v. Portofino Hotel Partners LP
Published: Mar. 28, 2009 | Result Date: Aug. 12, 2008 | Filing Date: Jan. 1, 1900 |Case number: 07CV07677(JFW) Settlement – $130,000
Court
USDC Central
Attorneys
Plaintiff
Paul L. Rein
(Rein & Clefton)
Defendant
David M. Samuels
(Lewis, Brisbois, Bisgaard & Smith LLP)
Facts
On June 21, 2007, plaintiff Jean Riker, a hemiplegic requiring the use of a wheelchair, was a guest at the Portofino Hotel and Yacht Club in Redondo Beach. Prior to her stay, Riker requested a room with a roll-in shower to accommodate her disability. Hotel, owned by defendants Portofino Hotel Partners LP and Noble House Hotels and Resorts LP, agreed to provide her with an appropriate room. Riker filed suit for violations of the Americans with Disabilities Act.
Contentions
PLAINTIFF'S CONTENTIONS:
Riker contended that the room provided to her made the patio and balcony inaccessible due to a high entry threshold. Riker argued that the following items rendered Hotel inaccessible to her: the shower's safety grab bars were improperly configured; the toilet did not have sufficient space to accommodate a wheelchair; the pool area entry gate did not have a proper entry handle; the swimming pool did not have a lift; the swimming pool restroom was not configured for the disabled; and the other areas of Hotel were inaccessible by wheelchair due to stairs.
DEFENDANTS' CONTENTIONS:
The defendants countered that they complied with all ADA regulations concerning accessibility to Hotel.
Injuries
Riker claimed to have suffered injuries, which included bruising.
Result
Riker agreed to a settlement of $130,000 in exchange for the defendants to perform remedial repairs to ensure ADA compliance.
Other Information
FILING DATE: Nov. 26, 2007.
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