[blindlaw] Fw: service refused at McDonalds

[Rod Alcidonis]

Intentional or negligent infliction of emotional distress?
Intentional, the allegation would be that she was humiliated in public, and 
such conduct was extreme and outrageous, which caused her to have to obtain 
medical treatment follwing the incident.

These are weak theories, though. For negligent, you would have to prove that 
she suffered some type of manifestation of physical impact, in addition to 
the emotional distress. Look at the law in your jurisdiction to see how much 
physical impact is required.

Rod Alcidonis
Criminal Defense Clinic Student Attorney
Juris Doctor Candidate, 2009.
Roger Williams University School of Law
10 Metacom Ave., Box: 9003
Bristol, RI 02809
Cell: 718-704-4651
Home: 401-824-8685

----- Original Message ----- 
From: "Cameron Gray" <dallasfortworthlawyer at yahoo.com>
To: <blindlaw at nfbnet.org>
Sent: Tuesday, November 11, 2008 5:23 PM
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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