“Daniel Schuler, whose wife, Diane Schuler, killed herself and seven others in a wrong-way crash on the Taconic State Parkway is suing the state and his brother-in-law, whose three daughters were victims. Daniel Schuler filed a lawsuit Monday against the state in the New York Court of Claims, arguing that the highway was poorly designed and lacked proper signs.” [White Plains, N.Y. Journal-News] More on the catastrophic crash, which is the subject of a new HBO documentary by Liz Garbus: Bloomberg.
Tagged as:
New York,
personal responsibility,
roads and streets
“Finding that Google has no duty to provide accurate content on its website, a Utah judge has thrown out the novel case of a woman who claimed that faulty walking directions on Google Maps caused her to be hit by a car.” [OnPoint News, earlier here, etc.] The same post, updating another story we’ve noted, reports that a bill to make guidebook publishers liable for some injuries to tourists has died in the Hawaii legislature.
Tagged as:
Google,
Hawaii,
publishers,
roads and streets
The Seventh Circuit said a bridge worker with fear of heights can proceed with his suit contending the Illinois Department of Transportation should have done more to accommodate his wish to work only on those bridge maintenance tasks that did not leave him in an overly exposed position. It also said a jury could reasonably find IDOT was improperly eager for the plaintiff to depart because it regarded him as “annoying” and because he had had frictions with other employees, as when he said of one co-worker, “Sometimes I would like to knock her teeth out.” [Pat Murphy, Lawyers USA; Joe Lustig; Miller v. IDOT, courtesy Law.com]
Tagged as:
disabled rights,
roads and streets,
workplace
Federal design standards have changed, so many little-used ADA sidewalk ramps in Berks County, Pa. and elsewhere will be torn up at great expense and replaced with new little-used ramps. “The borough [of Lyons, Pa.] has only a few sidewalks — with most yards running right to the street — so the ramps generally lead to areas that would seem difficult for wheelchairs to cross.” [Reading Eagle, h/t Tad DeHaven] More: Chris Fountain.
Tagged as:
disabled rights,
Pennsylvania,
roads and streets
According to Todd Roberson at CJAC, a federal court’s ruling in a 14-year dispute over street curbs and sidewalks in Riverside, California has headed off a potential “avalanche of lawsuits.” U.S. District Judge R. Gary Klausner ruled the complainant in the case “had failed to demonstrate that Riverside as a whole is inaccessible to the disabled.”
Riverside’s City Attorney, Greg Priamos, was quoted in the Daily Journal saying the suit was “about money, not accessibility…The only hangup to a settlement earlier in the case was the amount of attorney’s fees. I’m offended by that.”
Tagged as:
ADA filing mills,
attorneys' fees,
California,
roads and streets
Per some in Australia, it may be too dangerous an activity: “‘The mayor said they would like to issue us a permit but can’t because it raises health and safety issues, in case somebody fell over a child on the footpath or into the street,’ [a cafe owner] said.” [Free-Range Kids]
Tagged as:
Australia,
roads and streets,
safety
“The woman who claims faulty walking directions on Google Maps caused her to be hit by a car is trying to salvage her case with the novel argument that Google is liable for negligent publication because it provided her with ‘individual advice.’” [Matthew Heller, OnPoint News; Google brief, PDF, at OnPoint News; earlier here and here]
Tagged as:
Google,
roads and streets
Citing text messages she sent her boyfriend shortly before the incident, Montana prosecutors contend that Justine Winter’s crash at 85 mph into an oncoming vehicle was a deliberate suicide attempt. Winter, who faces trial on homicide charges in the deaths of Erin Thompson, the woman she ran into, and Thompson’s 13-year-old son, has now sued Thompson’s estate as well as the construction company that built the interstate overpass where the accident occurred. [Daily Inter Lake, Siouxsie Law]
Tagged as:
Montana,
personal responsibility,
roads and streets,
suicide
Bicycling and streetcar tracks can make for a hazardous mix because the “flange way gap” alongside the rail can entrap bicycle wheels. Now six cyclists who crashed while crossing the new Westlake Avenue streetcar project are suing the city of Seattle. They are citing the city’s failure to follow a consultant’s recommendation that it close the avenue to bicyclists. [SeattlePI.com]
Tagged as:
roads and streets,
Seattle
And suits against multiple defendants follow, including an allegation that the owners of the salon in question had reason to know that the sidewalk in front of their window was “frequently traveled by intoxicated pedestrians.” [WBBM Chicago]
Tagged as:
Chicago,
personal responsibility,
roads and streets
That’s one claim in a lawsuit by the government of Arlington, Virginia against such a plan. The chair of the county board says the issue never came up in county discussions and “only arose [in the lawsuit] because the environmental review includes socioeconomic impact”. [MyFoxDC via Below the Beltway]
Tagged as:
discrimination law,
roads and streets,
Virginia
