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DISCRIMINATION Hearing impaired settle with AMC, Loews Three hearing-impaired men who initiated a class action against two movie chains operating in the Washington metropolitan area for failure to accommodate them secured a promise on May 3 from the chains to provide closed-caption technology in their 12 existing theaters and in any new theaters they open. The plaintiffs claimed that the headsets currently provided to the hard of hearing by AMC Entertainment and Loews Entertainment Corp. violate the Americans With Disabilities Act. They demanded installation of Rear Window captioning, in which reverse captions are displayed in the rear of the theater, which then reflect off individual plexiglas screens attached to the seats. Ball v. AMC Entertainment, No. 00-867 (D.D.C.). PLAINTIFFS’ ATTORNEY: Thomas J. Simeone, Simeone & Miller, Washington DEFENSE ATTORNEYS: Steven Fellman and David Monroe, Galland, Kharasch, Greenberg, Fellman & Swirsky, Washington EMPLOYMENT Title VII harassment, discharge claims settle The Equal Employment Opportunity Commission on April 15 settled its Title VII of the 1964 Civil Rights Act harassment and constructive discharge suit on behalf of a woman who claimed that she had been sexually harassed by a co-worker at a Rockford, Ill., restaurant, for $50,000. Joetta Haas, 29, was a waitress at Illinois Machine Shed. Haas claimed that a male waiter had asked her for sex nearly every day and made other sexual comments and touched her inappropriately. She claimed that when her complaints were ignored, she was forced to resign. The defense maintained that Haas’ complaints were investigated, but that she quit days after complaining, before the investigation was concluded. EEOC v. Heart of America Management, No. 0-3C-50269 (C.D. Ill.). PLAINTIFF’S ATTORNEY: Jeanne B. Szromba, EEOC, Chicago DEFENSE ATTORNEY: Joseph E. Gumina, Wessels & Pautsch, Milwaukee HEALTH LAW Lack of injury thwarts Pap smear review action A hospital that was sued for issuing results of Pap smears without having the them first reviewed by a physician was found by Pennsylvania Judge Robert Horgos not to have caused any injury. The class-women who received Pap smears at Magee-Womens Hospital in Pittsburgh between 1995 and 2001-claimed that the women were told that the results would be reviewed by a physician. Magee maintained that it had an exemplary record, and that the standard of care is to have physician review only when the cytotechnologist notes a discrepancy. Horgos dismissed the case on April 15 without making a liability ruling, holding that fear of illness does not rise to the level of cognizable injury. Walter v. Magee Womens Hospital, No. GD 03-25469 (Allegheny Co., Pa., Ct. C.P.). PLAINTIFFS’ ATTORNEYS: Elizabeth J. Cabraser, Lieff, Cabraser, Heimann & Bernstein, San Francisco; Richard A. Sprague, Sprague & Sprague, Philadelphia DEFENSE ATTORNEY: William Pietragallo II, Pietragallo, Bosick & Gordon, Pittsburgh PREMISES LIABILITY Family settles suit arising from glass door collision The former owners of a motel where a girl crashed through a glass door settled for $100,000 on April 1. In 1999, Sarah Leibrandt, age 9, was staying at a motel in Bar Harbor, Maine, when she walked through the door, sustaining cuts across her face requiring numerous stitches. Her mother was within 15 feet of her at the time. The Leibrandts sued the motel owners, claiming that they should have used doors made with safety glass. Leibrandt v. McQuinn-Tweedie, No. CV-03-26 (Hancock Co., Maine, Super. Ct.). PLAINTIFFS’ ATTORNEY: David Sherman Jr., Drummond Woodsum & MacMahon, Portland, Maine DEFENSE ATTORNEY: John W. McCarthy, Rudman & Winchell, Bangor, Maine PRODUCTS LIABILITY Victoria’s Secret not liable for woman’s burns A woman whose torso was severely burned when her nightgown caught fire was denied recovery by an Arkansas jury on April 16. Linda Rossby was taking a pizza out of an oven while wearing a Victoria’s Secret gown. Rossby claimed that, as she reached into the oven, the sleeve of her gown became engulfed in flames. Rossby sued Victoria’s Secret Stores Inc., which claimed the gown’s material, lightweight cotton lawn, is commonly used, and that Rossby must have come into contact with the oven’s heating element. Rossby v. Victoria’s Secret Stores Inc., No. 1:01CV00004HLJ (E.D. Ark.). PLAINTIFFS’ ATTORNEYS: Robert M. Cearly Jr., Cearly Law Firm, Little Rock, Ark.; Peter A. Miller, Law Offices of Peter Miller, Little Rock DEFENSE ATTORNEYS: Roger A. Glasgow, Wright, Lindsey & Jennings, Little Rock; Michael J. Goldman, Hawkins & Parnell, Atlanta; Frederick S. Ursery, Friday, Eldridge & Clark, Little Rock More information about these cases, as well as full reports on other verdicts and settlements, can be found in the VerdictSearch Publications or at www.VerdictSearch.com. To submit a case, call (800)352-8412, fax (212)313-9145 or use the form at http://www.verdictsearch.com/jv3_submit_a_case. For subscription information or jury verdict research, call (800)832-1900.

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