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Watch out for that sidewalk trash can

Wheelchair user brings discrimination lawsuit after accident

After he completed his banking transaction at the Bank of America, Patrick Madden decided to go to the adjacent Del Taco restaurant to purchase food. As he approached the south store entrance, Madden was confronted by a concrete trash can in the middle of the 42-inch-wide sidewalk. Although he is confined to a wheelchair, Madden attempted to navigate around the trash container. But he was unable to do so and was injured when his wheelchair tipped over. Purchase Bob Bruss reports online. Madden sued Del Taco, alleging his injuries were caused by the restaurant's violation of the Americans with Disabilities Act (ADA) for failure to maintain access for handicapped patrons. Del Taco replied that the south entrance may have been temporarily blocked by the concrete trash container, but Madden could have used the north entrance, which was ADA compliant. However, Madden responded he was not aware of the other store entrance because (a) the south entrance was the only one visib...

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