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After handcapped man's death, city faces lawsuit for lack of curb ramps
http://news.cincinnati.com/article/20130812/NEWS0103/308120018/After-handcapped-man-s-death-city-faces-lawsuit-lack-curb-ramps?nclick_check=1
FORT THOMAS — Elisabeth Culbertson knew something was wrong on the morning of June, 23, 2012, when her Labrador retriever, Shilo, came running back home without her husband, who had left a few minutes earlier in his motorized scooter to take the dog for a walk.
William Culbertson Jr., 67, had been struck and killed by a motorist near his home on Huntemann Lane.
Now Elisabeth Culbertson and her husband’s estate have filed a lawsuit in federal court in Covington against the city of Fort Thomas for not having curb ramps on the street so wheelchair-bound residents can more easily get on the sidewalks. The family’s attorney, Don Nageleisen, alleges the city is in violation of Title II of the Americans with Disabilities Act. He is asking for unspecified compensatory and punitive damages.
“Fort Thomas clearly failed to provide a ramp for handicapped individuals such as William Culbertson to access the existing sidewalks in this area – literally forcing them to use the main, public street,” Nageleisen said.
Fort Thomas’s city solicitor couldn’t be reached Friday for comment.
“I can’t believe they haven’t done anything about it yet because there are other handicapped that live on the street,” said Billy Culbertson, 43, of Colerain Township, the son of William and Elisabeth Culbertson. He said he knows of three disabled people living on Huntemann Lane, the street where he grew up.
According to court records, William Culbertson Jr. was going east up Huntemann Lane toward Cliffgate when he stopped to talk to his neighbor, a driver for Cincinnati Bell. As the neighbor talked, motorist Kristie Barrow struck the rear of Culbertson’s scooter and pushed him and the scooter into the back of the neighbor’s parked Cincinnati Bell truck.
Culbertson died of the injuries from the wreck a couple of weeks later. Barrow was not criminally charged for causing the wreck.
The suit claims Culbertson had complained to city public works employees about the lack of handicap-accessible sidewalks on his street. Because Huntemann Lane is a dead-end street, Nageleisen said, there were no alternate routes for Culbertson to take to avoid riding in the street.
Nageleisen said federal law has required handicapped sidewalks since 1992. He said the city is negligent because it has paved Huntemann Lane during the last 20 years and repaired the sidewalk – but didn’t add ramps.
Elisabeth Culbertson fought back tears on Sunday as she sat on her patio with Shilo, who is now blind, and recounted looking for her husband when the dog showed up alone 14 months ago.
“I threw my robe on, got in the car and took off,” she said. “I went up the street and there was my husband lying on the street.” ■
http://news.cincinnati.com/article/20130812/NEWS0103/308120018/After-handcapped-man-s-death-city-faces-lawsuit-lack-curb-ramps?nclick_check=1
FORT THOMAS — Elisabeth Culbertson knew something was wrong on the morning of June, 23, 2012, when her Labrador retriever, Shilo, came running back home without her husband, who had left a few minutes earlier in his motorized scooter to take the dog for a walk.
William Culbertson Jr., 67, had been struck and killed by a motorist near his home on Huntemann Lane.
Now Elisabeth Culbertson and her husband’s estate have filed a lawsuit in federal court in Covington against the city of Fort Thomas for not having curb ramps on the street so wheelchair-bound residents can more easily get on the sidewalks. The family’s attorney, Don Nageleisen, alleges the city is in violation of Title II of the Americans with Disabilities Act. He is asking for unspecified compensatory and punitive damages.
“Fort Thomas clearly failed to provide a ramp for handicapped individuals such as William Culbertson to access the existing sidewalks in this area – literally forcing them to use the main, public street,” Nageleisen said.
Fort Thomas’s city solicitor couldn’t be reached Friday for comment.
“I can’t believe they haven’t done anything about it yet because there are other handicapped that live on the street,” said Billy Culbertson, 43, of Colerain Township, the son of William and Elisabeth Culbertson. He said he knows of three disabled people living on Huntemann Lane, the street where he grew up.
According to court records, William Culbertson Jr. was going east up Huntemann Lane toward Cliffgate when he stopped to talk to his neighbor, a driver for Cincinnati Bell. As the neighbor talked, motorist Kristie Barrow struck the rear of Culbertson’s scooter and pushed him and the scooter into the back of the neighbor’s parked Cincinnati Bell truck.
Culbertson died of the injuries from the wreck a couple of weeks later. Barrow was not criminally charged for causing the wreck.
The suit claims Culbertson had complained to city public works employees about the lack of handicap-accessible sidewalks on his street. Because Huntemann Lane is a dead-end street, Nageleisen said, there were no alternate routes for Culbertson to take to avoid riding in the street.
Nageleisen said federal law has required handicapped sidewalks since 1992. He said the city is negligent because it has paved Huntemann Lane during the last 20 years and repaired the sidewalk – but didn’t add ramps.
Elisabeth Culbertson fought back tears on Sunday as she sat on her patio with Shilo, who is now blind, and recounted looking for her husband when the dog showed up alone 14 months ago.
“I threw my robe on, got in the car and took off,” she said. “I went up the street and there was my husband lying on the street.” ■
