Andi Millard v. Comfort Inn, Choice Hotels International Inc., Chirag Investment Company, Country Inn Motel, Country Inn and Suites by Carlson Inc., Cesano Inc., Best Western Inn, Best Western International Inc., Lawrence Rentschler
Published: Sep. 30, 2006 | Result Date: May 11, 2006 | Filing Date: Jan. 1, 1900 |Case number: 5:05-cv-02113-RMW Settlement – $122,500
Court
USDC Northern
Attorneys
Plaintiff
Paul L. Rein
(Rein & Clefton)
Defendant
Experts
Plaintiff
Barry N. Atwood
(technical)
Karl Danz
(technical)
Facts
Plaintiff Andi Millard, a hemiplegic who requires the use of a wheel chair, sought hotel accommodations. She visited three motels, Comfort Inn, Silver Spring, Country Inn Minneapolis, and Best Western Inn, Mt. View. She brought suit against them for violation of the Unruh Civil Rights Act and the Americans with Disabilities Act.
Contentions
PLAINTIFF'S CONTENTIONS:
The plaintiff claimed the hotels were not handicapped-accessible.
As to Comfort Inn, the plaintiff claimed the parking lots lacked accommodation for vans because the spaces were not wide enough. Also, she said the hotel did not have a rest room that could accommodate a wheel chair in the shower. Finally, she claimed the ramp in front of the hotel was excessively steep, and caused her to slide down the ramp.
As to Country Inn, the plaintiff claimed the parking spaces were too narrow to accommodate a van, and the hotel did not offer a wheel chair ramp to the entrance.
As to Best Western, the plaintiff stated the parking spaces were too narrow and stated that the hotel did not have a rest room that could accommodate a wheel chair in the shower.
DEFENDANTS’ CONTENTIONS:
The defendants claimed that modifying their establishments to be handicapped accessible was cost-prohibitive. The renovations would require they close part of their hotels, resulting in lost revenue. The also claimed that they had made no recent renovations that would trigger the applicability of the ADA and Unruh Act to their hotels.
Damages
The plaintiff sought injunctive relief ordering the hotels to become accessible to the disabled.
Injuries
The plaintiff claimed emotional distress for her embarrassment, humiliation and pain and suffering from being turned away from the defendants' hotels. She also claimed that she slid down the ramp at the Comfort Inn, causing her to sustain scrapes and cuts to her only usable arm.
Result
The parties settled for $122,500. Comfort Inn paid $17,500 in damages and $25,000 in costs and fees; Country Inn paid $15,000 in damages and $25,000 in costs and fees; and Best Western paid $15,000 in damages and $25,000 in costs and fees.
Other Information
Pursuant to the settlement agreement, the defendants drafted plans to make the hotels ADA-compliant within 120 days of approval by local building departments.
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