"If the city’s position were correct, anyone diagnosed with a progressive illness would have to assume her condition would progress to the worst possible outcome at some point down the road and sue within the statutory period from the time the person was diagnosed with the condition—even if she showed no symptoms at the time," the appellate panel said.
November 15, 2021 at 02:15 PM
6 minute read
A South Florida man with multiple sclerosis who refiled an accessibility lawsuit after voluntarily dismissing it when his symptoms were milder has received good news at the U.S. Court of Appeals for the Eleventh Circuit in Atlanta.
The resulting ruling clarifies that it’s the timing of an actual injury—not the timing of a diagnosis—that matters in Americans With Disabilities Act litigation, as the appellate panel found ”the law does not require the disabled to foresee the future.”
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The ruling was a win for Miami disability rights attorney Matthew Dietz.
