you can walk
TRANSCRIPT
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(a) PLAINTIFFS
STEVEN GARY
(b)
(c)
County of Residence of First Listed Plaint/ff
(BXCEPTIN US. PLAIN7JFI CASES)
Attorneys
(Firm Name, Address,
and
Telephon1
Num,,. . . , '- ----
CHARLES
W.
CAMPBELL
I EAST AIRY STREET
NORRISTOWN, PA 19401
610-272-2400
County of Residence of First Listed Defendant
(IN
US.
/'/,A/NT/FF CASES ON/,Y)
NOTE:
IN
LAND CONDEMNATION CASES, USE THE LOCATION
THE TRACT OF LAND INVOLVED.
Attorneys
( (Known)
OF JURISD
III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X ' in One Boxfi>r /'/ain
I U.S. Government
Plaintiff
U.S. Government
Defendant
ederal Question
(U.S. Govemn1ent Not a Party)
Diversity
(Indicate Citiienship
of
Parties
in
Item
Ill
NATUREOFSUIT (Ptacean X inO*eBoxOnlyJ
-:GilN;tJRlll.T
T
· Ti '
·x·-· ·
,;/;ii
"
,g{P
..
110 Insurance
I
PERSONAL INJµRY
PERSONAL
INJURY
120 Marine
0 310 Airplane ·
0 365 Personal Injury -
130 Miller Act 0 315 Airplane
Product Liability
140
Negotiable Instrument Liability
i
0 367 Health Care/
I50 Recovery
of
Overpayment
0
320 Assault, & Pharmaceutical
& Enforcement
of
Judgment Slander
Personal Injury
15 I Medicare Act
0
330 Federal Employers' Product Liability
152
Recovery of Defaulted
Liability
I
0 368 Asbestos Personal
Student Loans
0
340 Marine
Injury Product
(Excludes Veterans)
0
345 Marine Prod'uct
Liability
153
Recovery of Overpayment Liability PERSONAL
PROPERTY
of Veteran's Benefits
0
350 Motor Vehidle 0 370 Other Fraud
160 Stockholders' Suits
0
355 Motor Vehidle 0 371 Truth in Lending
190
Other Contract
Product LiaBility 0 380 Other Personal
195
Contract Product Liability
0
360 Other
Property Damage
196 Franchise
Injury
I
0 385 Property Damage
0
362 Personal
lnjufY
-
Product Liability
Medical Malpractice
Rki\'1.,PR(2JmRJY::
•
'
210 Land Condemnation
0
440 Other Civil Habeas
Corpus:
220 Foreclosure
0
441 Voting '
0 463 Alien Detainee
230 Rent Lease & Ejectment
0
442 Employment 0 510 Motions to Vacate
240 Torts to Land
0
443 Housing/ Sentence
245 Tort Product Liability AccommodJ tions 0 530 General
All Other Real Property
wroiF
0 535 Death Penalty
Employ men(
Other:
( 6 Amer. 0 540 Mandamus & Other
Other : 0 550 Civil Rights
8 Education 0 555 Prison Condition
0 560 Civil Detainee -
Conditions
of
I
Confinement
1
YcRIGIN (/'lace an 'X 'inOneBoxOn/y)
I Original U 2 Removed from U 3
Remanded from
LJ4
jProceeding State Court
Appellate Court
(For Diversity Cases Only) and One Boxfi>r Defendant)
PTF DEF
PTF
D
Citizen
of
This State 0 1 0 I Incorporated or Principal Place 0 4 0
of Business In This State
Citizen of Another State
2
0
Incorporated and Principal Place
0
O
of
Business
In
Another State
Citizen or Subject of a
3
0
Foreign Nation
0
6
Foreign Country
M'J:f:@B.fl"Ell'-ORtiPEN.AllTf
..•
: ,Tutt'· .....
A\i.
I:/
-:1.@iFHER STA rUTES
0 625 Drug Related Seizure 0 422 Appeal 28 USC 158 0 375 False Claims Act
of Property
21
USC
881
0 423 Withdrawal 0 400 State Reapportionme
06900ther 28 USC 157
0 410 Antitrust
0 430 Banks and Banking
.-RRORERT»:Ri:tlJtlts:
1
0 450 Commerce
0 820 Copyright s 0 460 Deportation
0 830 Patent
0 470 Racketeer Influenced
0 840 Trademark Corrupt Organization
0 480 Consumer Credit
;LA:8@R@
,
•
0 490 Cable/Sat TV
0710 Fair Labor Standards
0861 HIA(l395ft) 0 850 Securities/Commodi
Act
0 862 Black Lung (923) Exchange
0 720 Labor/Management
0 863 DIWC/DIWW (405(g)) 0 890 Other Statutory Actio
Relations
0 864 SSID Title XVI
0
891
Agricultural Acts
0 740 Railway Labor Act 0 865 RSI (405(g)) 0 893 Environmental Matte
0751
Family and Medical 0 895 Freedom
of
Informat
Leave Act
Act
0 790 Other Labor Litigation 0 896 Arbitration
0791 Employee Retirement
.s,pr(s
'
0 899 Administrative Proce
Income Security Act 0 870 Taxes (U.S. Plainti ff
Act/Review or Appea
or Defendant) Agency Decision
0
871
IRS-Third Party 0 950 Constitutionality of
26 use 7609 State Statutes
-
462 Naturahzat1on Apphcatmn
0465 Other Immigration
Actions
Reinstated or
u
5
Transferred from
u
6
Multidistrict
Reopened
Another District
(1pecify)
Litigation
Cite the U.S.
Cilvil
Statute under which you are filing Do 11ot cite j11risdictio11al statutes 1111 ess diversity):
CAUSE
OF
42 U.S.C. SEC[flON 12101
Brief descriptiop of cause:
AMERICANSiWITH DISABILITIES ACT
REQUESTED
IN
D
CHECK IF THIS
IS
A CLASS ACTION
COMPLAINT:
UNDER
RµLE
23, F.R.Cv.P.
RELATED CASE(S)
IF ANY
OFFICE USE ONLY
m.1tmctwns).
RECEIPT AMOUNT
JUDGE
APPL YING IFP
-
DEMAND
CHECK YES only if
in
complaint:
JURY
DEMAND: j [8l s
D
No
v
DOCKET NUMBER
AU6
2
2
JUDGE MAG. JUDGE
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NITED STATES DISTRICT
COURT
FOR THE EASTERN DISTRICT OF PENN
assignment to
appropriate
calendar.
- DESIGNATION FORM to be used by counsel
to
indicate
the
category of
the
case for
the purpose
15 47°
0
Address of Plaintiff: _1_7_E_.
_S_H_E_D_A_K_E_R_S_T_R_E_E_T- -_P_H_l_LA_D_E_L_P_H_IA- -,_P_A_1_9_1_44
AddressofDefendant:
1234 MARKET STREET PHILADELPHIA PA 19107
Place
of
Accident, IncidentorTransaction: HARBISON AVENUE PHILADELPHIA PA
(Use Reverse Side For Additional Space)
Does this civil action involve a nongovernmental corporate party with any parent corporation and any publicly held corporation o
(Attach two copies
of
the Disclosure Statement Form in accordance with Fed.R.Civ.P. 7.1 (a))
Does this case involve multidistrict litigation possibilities?
RELATED CASE, IF ANY:
1ore
of
its stock?
Case Number: udge Date
Civil cases are deemed related when yes is answered to any of the following questions:
1.
ls this case related to property included in an earlier numbered suit pending or within one year previously terminated action
in
this court?
2 h
. . I h . f f h . . . d. . h. YesD I d
. Doest
s
case mvo vet e same issue o 1act or grow out o t e same transaction as a pnor smt pen mg or wit m one year previous y terminate
action in this court?
YesD
3. Does this case involve the validity or infringement
of
a patent already in suit or any earlier numbered case pending or within one year
terminated action
in
this court? YesD
4. ls this case a second or successive habeas corpus, social security appeal, or
prose
civil rights case filed by
the
same individual?
YesD
CIVIL: (Place Vin ONE CATEGORY ONLY)
A.
Federal Question Cases:
B. Diversity Jurisdiction Cases:
1. o Indemnity Contract, Marine Contract, and All Other Contracts
I
D
Insurance Contract and Other
Contracts
2. o FELA
2.
D
Airplane Personal
Injury
3. o Jones Act-Personal Injury
3.
D
Assault, Defamation
4. o
Antitrust
4.
D
Marine Personal Injury
5.
o
Patent
5.
D
Motor
Vehicle Personal
Injury
6. o Labor-Management
Relations
6.
D
Other Personal Injury (Please
specify)
7.
D
Civil Rights
7.
D
Products Liability
8. o Habeas Corpus
8.
D
Products Liability -
Asbestos
9. o Securities Act(s) Cases
9.
D
All other Diversity Cases
Social Security
Review
Cases
(Please specify)
All
other
Federal Question Cases
-nL
7 ( .
I
rd...)/f I
1
c
(Please specify)
J
J fl t..J
-..l ff
1,,.,
/I it= l IJ
ARBITRATION
CERTIFICATION
/ i,,
J Jr:
1
tJ
CArf 1f
(Check Appropriate Category)
I
' ,
counsel of record do hereby certify:
o Pursuant
to Local
Civil Rule 53.2, Section 3(c)(2), that
to
the best
of
my
knowledge and belief, the damages recoverable
in
this civil action case exceed the sum
of
$150,000.00 exclusive of interest and costs; v/4 .
o Relief other than monetary damages is sought.
DATE: 11? { h<
J7 J-lJy
.
NOTE:
I certify that, to my knowledge, the within case is not related to any case now pending
or
within one
year
previously terminated action in this court
except as noted above.
DATE:
t uf<
?J
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THE UNITED
STATES
DISTRICT COURT
HE
EASTERN DISTRICT OF PENNSYLVANIA
ctASE MANAGEMENT
TRACK
DESIGNATION FORM
I
I
CIVIL ACTION
STEVEN GARY
i
v
I
I
SOUTHEASTERN PENNSYLVANIA
TRANSPORTATlqN AUTHORITY, et al.
NO.
In accordance with ith Civil Justice Expense and Delay Reduction Plan
of
this court, counsel for
plaintiff shall a Case Management Track Designation Form in all civil cases at the time
of
filing the complaint serve a copy on all defendants.
See§
1 03
of
he plan set forth on the reverse
side of this form.) i In the event that a defendant does not agree with the plaintiff regarding said
designation, that defendant shall, with its first appearance, submit to the clerk
of
court and serve on
the plaintiff and all pther parties, a Case Management Track Designation Form specifying the track
to which that defen4ant believes the case should be assigned.
SELECT ONE OFiTHE
FOLLOWING
CASE MANAGEMENT TRACKS:
(a) Habeas Corpus Cases brought under 28 U.S.C. § 2241 through§ 2255.
( )
(b) Social Security+- Cases requesting review
of
a decision
of
the Secretary
of
Health
and Human Seryices denying plaintiff Social Security Benefits.
(c) Arbitration - required to be designated for arbitration under Local Civil Rule 53.2. ( x
(d) Asbestos - Cases involving claims for personal injury or property damage from
I
exposure to asbystos. ( )
I
(e) Special Management- Cases that do not fall into tracks (a) through (d) that are
commonly referred to as complex and that need special
or
intense management by
the court. (See reverse side of this form for a detailed explanation of special
management ca$es.) ( )
(f) Standard - Cases that do not fall into any one
of
the other tracks. ( )
Date
610-272-2400
Telephone
(Civ. 660) 10/02
CHARLES
W
CAMPBELL
Attorney-at-law
610-991-2242
FAX Number
E-Mail Address
UG 2
2 1
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RKN
THE UNITED s
ATES DISTRICT COURT
FOR THE EASTERN DI TRICT OF PENNSYLVANIA
ZDIS UG
2 \ P I :
C\
STEVEN GARY : NO.
n
- ,. •
r.,.,
17 East Shedaker Street
Philadelphia, Pennsylvania 19144
: JURY TRIAl)'DEMANDED
v
SOUTHEASTERN PENNSYLVANIA
TRANSPORTATION AUTHORITY
1234 Market Street
Philadelphia, Pennsylvania 19107
and
JOHN DOE, SOUTHEASTERN PENNSYL ANIA
TRANSPORTATION AUTHORITY
MOT
RMAN
1234 Market Street
Philadelphia, Pennsylvania 19107
15
478
1 This is an action for damages gainst defendants for their discriminatory acts
against plaintiff, a disabled pa senger
on
a public bus operated by defendants, in
violation
of
the Americans W th Disabilities Act, 42 U.S.C. § 12101,
et seq
( ADA ); Section 504 of the ocational Rehabilitation Act ( Section 504 ), 29
U.S.C. § 794; and parallel Pe sylvania law.
2 Plaintiff Steven Gary is an ad lt individual residing at the above-captioned
address.
3. Defendant Southeastern Penn ylvania Transportation Authority ( SEPTA ) is a
regional transportation author ty and an agency
of
the Commonwealth
of
Pennsylvania, which operates public buses in the southeastern part of
Pennsylvania.
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4 Defendant John Doe, Southea tern Pennsylvania Transportation Authority
Motorman,
is
a motorman in t e employ of defendant SEPT A, who was operating
a SEPT A Route 26 bus on Ha bison A venue near its intersection with Roosevelt
Boulevard on Thursday, Aug st 22, 2013 at about 3:45 P.M. His name is
unknown, and plaintiff will se k leave to amend this complaint by providing his
name after this information is disclosed by defendant SEPT
A
5
At all times pertinent hereto, laintiff was a person with disability and requiFed
the use
of
a motorized scoote due to a disease and/or injury in his right foot and
leg.
6
This Court has subject matter ·urisdiction over this action pursuant to 28 U.S.C.
§§ 1331and1343,
42 U.S.C. § 12133, and 29 U.S.C. § 794a. Your Honorable
Court has pendent claim juris iction over the state law claims.
7
Venue is proper within this strict pursuant to 28 U.S.C. § 1391.
8 Defendants are public entiti s within the meaning of 42 U.S.C. § 1213 l l) B)
and 28 C.F.R. § 35.104.
9.. Defendants receive federal i ancial assistance within the meaning of 29 U.S.C.
§794 and its implementing re ulations.
10 On the date, time and
placer
ferred to in paragraph 4 above, plaintiff was a
passenger on a Route 26 SEP A bus, which was being operated by defendant
John Doe, SEPT A Motorma .
11 Plaintiff boarded the bus on
is
motorized scooter, and showed his Medicare card
to defendant Doe, which plai tiff believed entitled him to a discount.
12
Defendant Doe then demand d that plaintiff get up off his scooter and walk to the
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farebox to pay his fare, stating to plaintiff and in the presence
of
other bus
passengers, Get up and give e some money. You can walk.
13. This statement by Doe caused plaintiff such embarrassment and emotional upset
that he requested to be let
off
e bus.
14.
Defendant Doe persisted in a ouncing to other bus passengers that plaintiff
could walk.
15.
Plaintiff then drove his scoote onto the bus lift to exit the bus, but one
of
the
wheels to the scooter was han ing over the side
of
the ramp. Plaintiff told
defendant Doe that he (plainti
f
might fall, to which Doe responded, Go ahead
and fall, you would just get u and walk anyway.
16.
As the bus lift was lowered, p
intiff
s scooter did in fact tip when it reached the
ground, causing damage to th scooter and bodily injury to plaintiff.
FIRST CL IM FOR RELIEF
VIOL TION OF MERI ANS WITH DIS BILITIES CT
1
7.
The previous paragraphs are i corporated herein by reference.
18.
Title
II
of the ADA prohibits ublic entities from denying, on the basis of
disability, the benefits of the ervices, programs, or activities
of
the public entity,
and from subjecting persons ith disabilities to discrimination. 42 U.S.C. § 12131
t
seq ; 28 C.F.R. Part 35.
19. Defendants' conduct as afore aid violated the ADA.
'
20. As a result of defendants' vio ations, plaintiff was prevented from riding the bus
because he was unable to wal to the farebox to pay his fare, as demanded by
defendant Doe.
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20. As a result
o
defendants viol tions, defendant suffered extreme
distress, embarrassment, hum· iation and emotional upset.
21. As a further result
o
the afore aid, plaintiff sustained bodily injury, with pain,
suffering, inconvenience and oss
o
life s pleasures.
22 As a further result o the afor said, plaintiff sustained financial loss resulting from
damage to his scooter.
WHEREFORE, plaintiff demands
ju
gment for compensatory damages, statutory
damages, punitive damages and attorney s fe s
SECOND CLAIM FOR R LI F SE TION 504 OF THE REHABILITATION iCT
23. The previous paragraphs are i corporated herein by reference.
24. Defendants violated the Reha ilitation Act by denying plaintiff, a user
o a
mobility device, with equal a cess to its public transportation system, as more
fully set forth above.
25 As a result o defendants vio ations, plaintiff suffered injuries and damages as set
forth above.
WHEREFORE, plaintiff demands ju gment for compensatory damages, statutory
damages, punitive damages and attorney s i es.
THIRD CLAIM FOR RELIE PARALLEL STATE LAW CLAIM
26 The previous paragraphs are · corporated herein by reference.
27 The previous paragraphs are ·ncorporated herein by reference.
28 In discriminating against plai tiff based upon plaintiffs disability, and in denying
plaintiff equal access to publi bus transportation, and in committing the acts set
forth above, defendants caus d plaintiff damage, in violation o Pennsylvania law,
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including the Human Relation Act, 4 P.S. 951-963.
WHEREFORE, plaintiff demands
ju
gment for compensatory damages, together
wfah
other authorized relief.
Plaintiff
1 EasYAiry Street
Norristown,
P
19401
Telephone: 610) 272-2400
Fax: 610) 991-2242
Email: [email protected]
l.D. No. 37206
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