Man Suing After Fall In Parking Lot

[mark handler]

Lakeland Man Suing Publix After Fall In Parking Lot

http://www.theledger.com/article/20130815/NEWS/130819576

By Stephanie Allen

THE LEDGER

Published: Thursday, August 15, 2013 at 4:12 a.m.

Last Modified: Thursday, August 15, 2013 at 4:12 a.m.

LAKELAND | A man who said he fell in the parking lot while walking to a dentist appointment in Lake Miriam Square shopping center is suing Publix Super Markets.

Publix spokesman Brian West said the shopping center is owned by Publix, but would not comment on the active lawsuit.

The lawsuit filed on behalf of Brian Brahe on Aug. 5 in federal court in Tampa seeks compensation for his medical expenses and other damages and requests that Publix be required to add more handicapped parking spaces to the Lake Miriam Square complex.

Brahe is disabled and has held a handicap parking permit since 2001, according to the suit.

The suit states that his disability limits how far he can walk to about 15 yards before he suffers significant pain and discomfort.

Brahe had been making visits to Coast Dental at Lake Miriam Square for about a year and he often could not find parking close to the office, which is several shops down from Publix, according to the suit.

On Sept. 4, he arrived for his appointment about 45 minutes early to try to find a close parking space, the suit states. After driving around the lot several times, and to avoid being late, Brahe parked in a space more than 150 feet away from the dental office, the suit states.

During his walk, Brahe experienced numbing pain in his back, which made him dizzy and disoriented, the suit states.

Brahe fell on the sidewalk curb, hit his head on the concrete and lost consciousness. He needed 22 stitches for the injury across his left eye and cheekbone, the lawsuit states.The lawsuit contends that Publix violated the Americans with Disabilities Act and was negligent by not providing an adequate amount of handicap parking at the shopping center.

According to ADA design standards, the minimum number of handicapped spaces required is determined by the total number of parking spaces available in the lot. West said an exact number of spaces in the Lake Miriam Square shopping center isn't known.

The Ledger counted the spaces in the parking lot; at least 500 total spaces, including 18 handicapped spots.

Parking lots with between 401 and 500 spaces are required to have nine handicapped accessible spaces, and lots with 501 to 1,000 total spaces need to have 2 percent of the total amount as handicapped accessible, according to ADA design standards. Two percent of 500 spaces equals 10 required handicap spots.

There are four handicapped spaces in front of the shops on the same side of the L-shaped complex as Publix, but no handicapped spots directly in front of the Coast Dental office.

Brahe, and his lawyer, Joseph Davidow of Naples, could not be reached for comment Tuesday.

[ Stephanie Allen can be reached at stephanie.allen@theledger.com or 863-802-7550. ]

 

[MASSDRIVER]

OK. I'll try my hand at this one.

Mark, feel free to clobber me over the head with the club-o-accuracy should I misstep.

Mr. Brahe has been disabled since 2001. He has a well known condition that limits him to a walking distance of about 45 feet. He is aware that his condition is capable and probable of dropping him down somewhere around 50 feet. Got it.

Mr. Brahe specifically and judicially left considerably early to secure a close parking spot, knowing his dangerous condition. He either could not find an open handicap spot, chose not to park in a handicap spot, or could not find an available spot closer than his redline zone of 45 feet.

After an apparent approximate drive of 30-45 min around the parking lot, he then decided to chose, I assume, the closest available parking spot, by reports more than 150 feet away.

Then, knowing his dangerous condition, threw caution to the wind and started his perilous trek towards the dentist office. I remember in the story he is disabled and becomes unstable past 45 feet, walking. Been that way since 2001.

He did not call the dentist office to inform them he was experiencing difficulty finding parking and may be late. He did not ask them for assistance to the premise, even though he knew his well being was at risk.

But hey, maybe he does not have a cell phone. I get it. Maybe he does not want any assistance. Get that too, in spades.

Knowing himself to be disabled and at risk, and knowing he may have to traverse a distance greater that what is safe, why did he not have a walker, or cane or a device to assist him? Does he have a walker?

Also, where else does he frequent with a distance requiring him to walk more than 45 feet? Does he go to say, Lowe's?



Since there looks to be about an 80 foot walk just to the front doors, never mind the shopping, what provision does he make for himself in these situations? If he brings a walker, why did he not bring one to his appointment?

So, now, let me make some assumptions. IF the parking lot meets the ADA standards, (sounds like they are exceeded in this location) and IF there is full access with no barriers to the dentist office, and IF there is no ADA requirement of parking space proximity or distance to the business, what case does Mr.Bruhe have to sue by? After-all, even if he knows he will lose, it's going to cost someone some money.

Could we say that Mr. Bruhe, despite his disability, bears the full responsibility for his own safety, and that of his accident?

Brent.

 

[MASSDRIVER]

Ah, and after the Google street tour, you can see 3 handicapped spots just 8 spaces from the front door of Coast Dental to the right, 1 space 9 slots to the left, plus at least 2 directly across the drive lane from the sidewalk. Just in that area of the strip mall. Maybe Mr. Bruhe would like a space for himself directly in front of the business. Using that metric, the entire parking in front of the strip would have to be handicap spaces to service all the businesses.

I find that...interesting.

Brent.

 

[mtlogcabin]

Yes and the 6 closets to the dental office are empty along with 50% of the entire parking lot.

Maybe Publix was having a huge seafood sale that day.

 

[JPohling]

It sounds like the parking area is striped with more than the code required accessible spaces and they are distributed about the parking lot to serve the businesses. I do not believe he has a valid claim.