Fennell v. Argosy University of California, LLC, et al.
Defendant was the owner of the commercial building where plaintiff’s incident occurred. Plaintiff, a student with disabilities in a wheelchair born with cerebral palsy, settled with two codefendants before trial (the university and the maintenance company) and proceeded to trial against the owner of the building claiming the building was in violation of the Americans with Disabilities Act (ADA), that defendant had notice (actual and constructive) of a dangerous condition on its property, that the condition existed for a sufficient period of time that a reasonably careful owner should have discovered and remedied it, and that the dangerous condition was a substantial factor in causing plaintiff’s harm. At trial, plaintiff asked for $64 million dollars from the jury. The jury found in favor of the defendant.