Articles Posted in Uncategorized

In Munson v. Del Taco, the Supreme Court of California has held that a plaintiff does not need to prove “intentional discrimination” to obtain the remedies available under the Unruh Civil Rights Act (“Unruh Act”) for violations of the Americans with Disabilities Act (“ADA”).

In California, individuals may sue for violations of the ADA under the Unruh Act. (Civil Code § 51) The Unruh Act was enacted in 1905 to provide the citizens of California with full and equal treatment in places of public accommodation. In 1992 the California legislature amended the Unruh Act to specifically provide that a violation of the ADA also constitutes a violation of the Unruh Act, thus providing claimants with the remedies provided by Civil Code § 52. These remedies include up to a maximum of three times the amount of actual damage but in no case less than $4,000 per violation, plus attorney’s fees. (Civil Code § 51(f))

Prior to Munson, California courts have held that a claimant must establish that the ADA discrimination was intentional before being permitted to obtain the remedies provided by § 52. Following an analysis of both the Unruh Act and the ADA, the Supreme Court of California held that, “a plaintiff proceeding under section 51, subdivision (f) may obtain statutory damages on proof of an ADA access violation without the need to demonstrate additionally that the discrimination was intentional.”

It’s not yet summer, and Riverside County has already had four drownings this year; all boys under the age of five. Near-drowinings are also up. In the prior year, the County had a total of seven drownings.

“We’re very concerned,” said Victoria Young, a nurse with the county health department. “We definitely have seen a big surge.”

In California, drowning is the leading cause of death for children younger than five, with more than 80 percent occurring in backyard pools. In this year’s Riverside drownings, two involved children who exited the house through the doggy-door, and the other two involved murky, unmaintained pools.

A woman became paralyzed on a Continental flight after she disobeyed warnings to remain seated during a turbulent flight. According to reports, the woman got up and went to the bathroom despite the warning, and was thrown to the ceiling when the plane hit turbulence.

As a result of the injury, the woman suffered a major spinal cord injury, including fractures to her C1 and C2 vertebrae. Known has a “hangman’s fracture,” she now is paralyzed from her chest down. This the same type of injury suffered by Christopher Reeves. It is unknown whether she will ever walk again.

Two other people were injured on the flight, including a passenger that suffered a torn ligament in her knee.