ADA lawsuit blames Home Depot after man’swheelchair turned over in parking lot

[mark handler]

ADA lawsuit blames Home Depot after man’swheelchair turned over in parking lot

June 2, 2015 5:18 PM

By KYLE BARNETT

GRETNA – A disabled man is suing Home Depot claiming it violated the Americans With Disabilities Act.

Anthony Vernace III filed suit against Home Depot U.S.A. Inc. in the 24th Judicial District Court on April 14.

Vernace claims he was in the parking lot of the Home Depot located at 2625 Veterans Blvd. in Kenner when a wheel on his wheelchair was caught in a crack and he toppled over. The plaintiff alleges that he was severely injured in the incident.

Vernace contends failing to remove architectural barriers, failing to provide a route in compliance with Americans With Disabilities Act standards, failing to provide access suitable to a person in a wheelchair and creating an unreasonable risk of harm.

The defendant is accused of violating the Americans With Disabilities Act, pain and suffering, disability, loss of wages, loss of earning capacity, medical expenses and travel expenses.

An unspecified amount in damages is sought by the plaintiff.

Vernace is represented by Brian D. Katz of New Orleans-based Herman Herman & Katz LLC.

The case has been assigned to Division L Judge Donald A. Rowan Jr.

Case no. 748-652.

 

[mtlogcabin]

Playing Devils advocate.

Google earth shows a delineated painted route for a couple of the designated HC parking areas. If he was not on the designated route or in the immediate HC parking area near his car then I do not see it as Home Depots responsibility to maintain their parking lot to the same standard as a sidewalk.

 

[ICE]

Playing Devils advocate.Google earth shows a delineated painted route for a couple of the designated HC parking areas. If he was not on the designated route or in the immediate HC parking area near his car then I do not see it as Home Depots responsibility to maintain their parking lot to the same standard as a sidewalk.

That was my first thought too. Beyond that, Mr. Vernace has a responsibility to avoid a crack in the pavement that would cause him to tip over. And what about that tipping over? Was he speeding? How is it that getting stuck caused him to tip over?

 

[jdfruit]

Wheelchairs are generally terrible vehicles for control dynamics. Castering small front wheels readily twist sideways causing an abrupt stop. I have seen numerous tip overs due to cracks and gaps in walking surfaces.

 

[ICE]

I have seen numerous tip overs due to cracks and gaps in walking surfaces.

There is a lack of training involved with that.

 

[Mech]

Wheelchairs are generally terrible vehicles for control dynamics. Castering small front wheels readily twist sideways causing an abrupt stop. I have seen numerous tip overs due to cracks and gaps in walking surfaces.

So is it the wheelchair manufacturer's fault for not building a controllable vehicle?

 

[MtnArch]

So is it the wheelchair manufacturer's fault for not building a controllable vehicle?

Sounds like the next frontier for lawsuits!

 

[jdfruit]

Beyond the next frontier for lawsuits is the opportunity to build/sell better wheelchairs. Hot rod style?

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[ADAguy]

Do we know for sure that the plaintiff arrived by car vs public sidewalk?