Brehm v. Tompkins Consol. Transit

Civil Rights

, New York Law Journal


Judge Glenn Suddaby

Brehm has cerebral palsy and is confined to a wheelchair. On Jan. 23, 2009, she was a paying passenger on a bus operated by Tompkins Consolidated Area Transit Inc. (TCAT). Despite knowing of Brehm's disability and inability to operate the bus's securement system, the bus driver failed to secure Brehm's wheelchair to the floor or wall of the bus. Brehm was seriously injured after her unsecured wheelchair flipped as the bus lurched into a turn after she pressed the "disabled passenger request for stop/disembarkation" button. Discussing New York Civil Practice Law and Rules §305(b), district court denied TCAT dismissal of Brehm's removed complaint asserting violations of the Americans with Disabilities Act (ADA), §504 of the Rehabilitation Act, and negligence premised on duties imposed thereunder. District court observed that those few New York state courts that have addressed the issue have held that dismissal of an entire complaint is inappropriate where a notice stated only one of several claims asserted in the complaint. Citing Grace v. Bay Crane Serv. of Long Is., the court observed that those state courts apparently reason that the required particularity of the notice is diminished by the early nature of the action.

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