There's nothing unusual about an attorney representing clients from prior cases in subsequent cases. What is unusual is when an attorney represents the same individual client as the plaintiff in over 100 similar lawsuits. He sounds like a vexatious litigant with a very willing attorney. I wish 11Alive's reporting had gone farther and provided the number of cases out of the 100 that this plaintiff has settled and prevailed, as well as, the number of suits that have been dismissed by a judge for lack of evidence. Additionally, is the plaintiff requesting compensatory and punitive damages or is he simply requesting the alleged violations be fixed? I have a friend who is a corporate attorney for a passenger airline, and though most ADA complaints are legitimate, there are a few that are clearly money grabs. A couple that really stick out: A male passenger who wanted to stand in the aisle for the entirety of the 2.5 hour flight from Ft. Lauderdale to LaGuardia, but he had to keep stepping back into his assigned row every time the flight attendants came down the aisle with a meal or drink cart. He decided to sue for $10,005.00. He wanted a $5 refund for the plastic headset he purchased/rented because he didn't get to watch the movie. In addition, he claimed that he distraught for several weeks after the 2.5 hour flight and was demanding $10k in compensation that was to be given to his wife because the psychological impact of the flight had left him unable to perform "conjugal marital relations" with his wife for 6 weeks after the flight. His basis for the suit was the airline was not accommodating his physical disability-an injured back (which may not be a valid ADA complaint). Another case was a single mother traveling with her pre-teen from London to Orlando. She claimed that the flight attendant refused to make the male passenger sitting in from of her keep his seat upright on the 9.5 hour flight. She claimed that with his seat back reclined, it encroached on her space and sparked her claustrophobia which then kicked off her disability: asthma. She said she had to gasp for air the entire flight, and this caused her to be severely fatigued and exhausted for several days. This exhaustion resulted in her and her child having a miserable week on "their first ever vacation that she had saved for over 10 years to take". She was suing for $13k for a full refund of two round-trip flights, the 6 nights of hotel accomodations in Orlando and a full refund of two Disney World passes. Oh, she also wanted the flight attendant/Purser fired for refusing to order the man to keep his seat upright and for refusing her request to make two business class passengers switch seats with her and her child. Again, most ADA complaints are valid, and it's a shame that there are people, including a few attorneys, that are willing to exploit businesses in hopes of earning a relatively easy payout. I hope 11Alive follows up on this story. Large corporations no longer routinely pay out smaller claims b/c it often costs them more go to court. Unfortunately, vexatious litigants have moved on to suing small businesses who don't always have the means to fight frivolous suits. I read the linked article in the video's description, and Georgia's Attorney General, Chris Carr, is flat-out refusing to do anything to assist Mr. DeCosta, the restaurant owner. Perhaps, Georgia voters who put Chris Carr in office should reach out to Carr's office and demand he do his job of looking out for the legal interests of Georgia's citizens! Please do so politely! I can't provide the site to contact his office, but a quick Google search will take you to the contact page of his office (Georgia Attorney General Chris Carr contact) with a phone number and an easy to fill out online form to demand AG Carr investigate why he is doing nothing about a seemingly vexatious litigant who has sued over 100 Georgia small business owners! These types of frivolous suits can put a small business out of business! *Defendant:* DaBomb Sports Grille, Lithonia *Owner:* Gary DeCosta *Plaintiff:* Marcus Ingram *Plaintiff's Atty:* Peter Monismith of Pennsylvania
So if you look up the case, history on pacer, the defendant in this case defaulted not once but twice, and ultimately settled. The plaintiff in this matter was seeking nothing more than injunctive relief meaning a court order, forcing him to follow the law. The defendant in this matter, attempted to resolve the case on his own, despite the law, being very clear that he is required to have an attorney. There is a reason for that, if you look at even this heavily slanted news story in the best possible light for the defendant, he is in serious violation of the ADA. He does not seem to understand that. My guess is he does now. Unfortunately there are too many young enterprising reporters who tried to make the disabled individual out to be the bad guy. It doesn't mean the defendant is a bad guy, it means he is just ignorant of the law. But that is no excuse not to follow it.
As I am watching this report, I am counting off the ADA violations. "Did you know there was a ramp in the back?" OK, show me the accessible marked aisle that tells handicap people that there's a ramp in the back? Oh, you can't. "Look at the handicap parking space"… Except it's not marked van accessible because it's not van accessible, which is the requirement by law. I also noticed when he was demonstrating how much room there was for someone in a wheelchair to access the bathroom… He was opening up two separate doors and having difficulty with it himself. How exactly is someone in a wheelchair supposed to open two separate doors? Listen, it's not about money in most of these other states… Literally the only thing they can get out of this besides, attorneys fee is a court order requiring the business to follow the law. The Americans with disabilities act has only one method of enforcement and that is through civil enforcement in federal court. Perhaps this restaurant would've felt better if the local coded enforcement officer would have come by and written him a boatload of tickets, but the truth is the end result would still be the same, you need to make your place accessible.
There's nothing unusual about an attorney representing clients from prior cases in subsequent cases. What is unusual is when an attorney represents the same individual client as the plaintiff in over 100 similar lawsuits. He sounds like a vexatious litigant with a very willing attorney. I wish 11Alive's reporting had gone farther and provided the number of cases out of the 100 that this plaintiff has settled and prevailed, as well as, the number of suits that have been dismissed by a judge for lack of evidence. Additionally, is the plaintiff requesting compensatory and punitive damages or is he simply requesting the alleged violations be fixed?
I have a friend who is a corporate attorney for a passenger airline, and though most ADA complaints are legitimate, there are a few that are clearly money grabs. A couple that really stick out: A male passenger who wanted to stand in the aisle for the entirety of the 2.5 hour flight from Ft. Lauderdale to LaGuardia, but he had to keep stepping back into his assigned row every time the flight attendants came down the aisle with a meal or drink cart. He decided to sue for $10,005.00. He wanted a $5 refund for the plastic headset he purchased/rented because he didn't get to watch the movie. In addition, he claimed that he distraught for several weeks after the 2.5 hour flight and was demanding $10k in compensation that was to be given to his wife because the psychological impact of the flight had left him unable to perform "conjugal marital relations" with his wife for 6 weeks after the flight. His basis for the suit was the airline was not accommodating his physical disability-an injured back (which may not be a valid ADA complaint).
Another case was a single mother traveling with her pre-teen from London to Orlando. She claimed that the flight attendant refused to make the male passenger sitting in from of her keep his seat upright on the 9.5 hour flight. She claimed that with his seat back reclined, it encroached on her space and sparked her claustrophobia which then kicked off her disability: asthma. She said she had to gasp for air the entire flight, and this caused her to be severely fatigued and exhausted for several days. This exhaustion resulted in her and her child having a miserable week on "their first ever vacation that she had saved for over 10 years to take". She was suing for $13k for a full refund of two round-trip flights, the 6 nights of hotel accomodations in Orlando and a full refund of two Disney World passes.
Oh, she also wanted the flight attendant/Purser fired for refusing to order the man to keep his seat upright and for refusing her request to make two business class passengers switch seats with her and her child.
Again, most ADA complaints are valid, and it's a shame that there are people, including a few attorneys, that are willing to exploit businesses in hopes of earning a relatively easy payout. I hope 11Alive follows up on this story. Large corporations no longer routinely pay out smaller claims b/c it often costs them more go to court. Unfortunately, vexatious litigants have moved on to suing small businesses who don't always have the means to fight frivolous suits.
I read the linked article in the video's description, and Georgia's Attorney General, Chris Carr, is flat-out refusing to do anything to assist Mr. DeCosta, the restaurant owner. Perhaps, Georgia voters who put Chris Carr in office should reach out to Carr's office and demand he do his job of looking out for the legal interests of Georgia's citizens! Please do so politely! I can't provide the site to contact his office, but a quick Google search will take you to the contact page of his office (Georgia Attorney General Chris Carr contact) with a phone number and an easy to fill out online form to demand AG Carr investigate why he is doing nothing about a seemingly vexatious litigant who has sued over 100 Georgia small business owners! These types of frivolous suits can put a small business out of business!
*Defendant:* DaBomb Sports Grille, Lithonia
*Owner:* Gary DeCosta
*Plaintiff:* Marcus Ingram
*Plaintiff's Atty:* Peter Monismith of Pennsylvania
So if you look up the case, history on pacer, the defendant in this case defaulted not once but twice, and ultimately settled. The plaintiff in this matter was seeking nothing more than injunctive relief meaning a court order, forcing him to follow the law. The defendant in this matter, attempted to resolve the case on his own, despite the law, being very clear that he is required to have an attorney. There is a reason for that, if you look at even this heavily slanted news story in the best possible light for the defendant, he is in serious violation of the ADA. He does not seem to understand that. My guess is he does now. Unfortunately there are too many young enterprising reporters who tried to make the disabled individual out to be the bad guy. It doesn't mean the defendant is a bad guy, it means he is just ignorant of the law. But that is no excuse not to follow it.
As I am watching this report, I am counting off the ADA violations. "Did you know there was a ramp in the back?" OK, show me the accessible marked aisle that tells handicap people that there's a ramp in the back? Oh, you can't. "Look at the handicap parking space"… Except it's not marked van accessible because it's not van accessible, which is the requirement by law. I also noticed when he was demonstrating how much room there was for someone in a wheelchair to access the bathroom… He was opening up two separate doors and having difficulty with it himself. How exactly is someone in a wheelchair supposed to open two separate doors? Listen, it's not about money in most of these other states… Literally the only thing they can get out of this besides, attorneys fee is a court order requiring the business to follow the law. The Americans with disabilities act has only one method of enforcement and that is through civil enforcement in federal court. Perhaps this restaurant would've felt better if the local coded enforcement officer would have come by and written him a boatload of tickets, but the truth is the end result would still be the same, you need to make your place accessible.