[blindlaw] Fw: service refused at McDonalds

[Russell J. Thomas, Jr.]

Intentional infliction of emotional distress?
Negligent infliction of emotional distress?
Negligence--breach of duty of care imposed by violation of statute?


-----Original Message-----
From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org] On
Behalf Of Cameron Gray
Sent: Tuesday, November 11, 2008 2:23 PM
To: blindlaw at nfbnet.org
Subject: [blindlaw] Fw: service refused at McDonalds


 
If we do not lay out ourselves in the service of mankind, then whom should
we serve? - John Adams



----- Forwarded Message ----
From: Cameron Gray <dallasfortworthlawyer at yahoo.com>
To: Blinglaw at nfbnet.org
Sent: Tuesday, November 11, 2008 4:20:49 PM
Subject: service refused at McDonalds


Listmates:
I have a client who was asked to leave a McDonalds because the manager felt
that her dog was too big and a possible threat to other customers.  When she
tried to explain that her dog was trained and licensed, the manager kept
saying in a loud voice "OUT OUT OUT, GET OUT".  Needless to say this was a
very traumatic experience for my client and she has been under the care of a
physician since it happened.  She has trouble sleeping and problems with
anxiety.
At first impression this seemed to be an ADA, Title II case.  However, the
prospective defendant has apologized and the manager has been fired.  No
injunctive relief needed.  Can anyone help me with a viable theory to sue in
state court?  An assault perhaps?  Problem is that the manager never touched
her.  Any comments will be appreciated.
Cameron Gray,
Attorney at Law
Grand Prairie, Texas
 
If we do not lay out ourselves in the service of mankind, then whom should
we serve? - John Adams
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