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8/20/2019 You Can Walk

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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

!"#$ &'()*+,*-./01*23 45+67$89 ( :;&(>() ?"@$ ( 5A 0


2/8

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


3/8

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

!"#$ &'()*+,*-./01*23 45+67$89 ( :;&(>() ?"@$ 1 5A 0


4/8

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


and

JOHN DOE, SOUTHEASTERN PENNSYL ANIA

TRANSPORTATION AUTHORITY

MOT

RMAN

1234 Market Street


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.

!"#$ &'()*+,*-./01*23 45+67$89 ( :;&(>() ?"@$ . 5A 0


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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

!"#$ &'()*+,*-./01*23 45+67$89 ( :;&(>() ?"@$ ) 5A 0


6/8

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.

!"#$ &'()*+,*-./01*23 45+67$89 ( :;&(>() ?"@$ B 5A 0


7/8

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,

!"#$ &'()*+,*-./01*23 45+67$89 ( :;&(>() ?"@$ / 5A 0


8/8

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

!"#$ &'()*+,*-./01*23 45+67$89 ( :;&(>() ?"@$ 0 5A 0

you can walk

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