Lawyers “argued that Pizza Hut was responsible for the collision because they hired [deliverer Nicole] Fisk, who had a driver’s license for only three months and had a history of suffering blackout spells and staring episodes.” Pizza Hut countered (unsuccessfully) that Fisk’s epilepsy was diagnosed only after the crash, which seriously injured a mother and daughter in another vehicle. [San Diego Union-Tribune via Lipman, Legal Blog Watch] And yes, it does call to mind the case I wrote about more than a decade ago:
You may think I’m making this up unless I offer a verbatim quote, so here’s exactly what the Washington Post reported in a front-page story on April 8 [1997]: “In January, a former truck driver for Ryder Systems, Inc., won a $ 5.5-million jury verdict after claiming, under the ADA [Americans with Disabilities Act], that Ryder unfairly removed him from his position after he suffered an epileptic seizure, saying his health condition could be a safety hazard. During the time he was blocked from his job at Ryder, the driver was hired by another firm, had a seizure behind the wheel and crashed into a tree. Ryder is appealing the verdict.”
Filed under: disabled rights, safety