Tamara Michai Freeman v. John F. Kennedy University
Published: Sep. 11, 2010 | Result Date: Jun. 18, 2010 | Filing Date: Jan. 1, 1900 |Case number: CV-09-1839-EMC Settlement – $155,500 (plus injunctive relief)
Court
USDC Northern
Attorneys
Plaintiff
Defendant
Daniel R. Friedenthal
(Friedenthal, Heffernan & Brown LLP)
Eric S. Ritigstein
(Boxer & Gerson LLP)
Facts
Plaintiff Tamara Michai Freeman, a Holistic Studies student uses a wheelchair due to quadriplegia. She filed suit against defendant John F. Kennedy University, alleging she was denied disabled access to facilities at the Berkeley and Pleasant Hill Campuses.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff contended that the Berkeley Campus failed to provide a compliant means of vertical access to the main entrance and that the Pleasant Hill Campus failed to provide basic access to classroom facilities, including the school's herb garden.
DEFENDANT'S CONTENTIONS:
Defendants denied any ADA violations and stated they had plans to repaint the parking lot on their own accord.
Injuries
Freeman alleged bodily injury, statutory damages, and lost income potential due to the inhibition of her educational and professional advancement.
Result
The case settled cooperatively at a settlement conference before Hon. Elizabeth D. Laporte for full injunctive relief to remediate all access deficiencies alleged at the two campuses, $82,000 in statutory damages, and $73,500 in reasonable statutory attorney's fees, litigation expenses and costs, for a total settlement of $155,500.
Other Information
FILING DATE: May 7, 2009.
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