Businesses say plaintiff who won $360K in dozens of ADA suits may not be disabled
Carl Barnum III won $360,000, plus another $135,000 for his lawyer by filing over 100 disability discrimination suits. Then a group of California businesses hired a lawyer and aggressively defended his claims.
They claim that they discovered that Barnum, who filed suit under the federal Americans with Disabilities Act may not, in fact, be disabled, reports KABC.
Barnum’s lawyer, Tim Taggart, showed KABC some Veterans Administration documents rating Barnum as 40-percent disabled, due to a knee injury, ringing in his ears, sinusitis and athlete’s foot. Barnum suffered the knee injury while serving in the U.S. Navy, Taggart said, and injured his back doing construction work.
The Social Security Administration and the state department of motor vehicles recognize Barnum as disabled, and court filings list additional physical conditions including cancer, plantar fasciitis and post-traumatic stress disorder. (The PTSD was a result of shooting and killing his pet dog instead of having a veterinarian put it to sleep.)
However, the businesses discovered with the help of a private investigator that Barnum lists dancing, swimming and dog shows among his interest. A video shows him running, twirling and kneeling in the show ring with a giant Leonberger dog, the station reports.
Taggart says his client was in pain for weeks after the dog show.
Landlord Zack Hovav is a defendant in Barnum’s litigation because he owns a building rented to Barnum’s dentist. Barnum sued over accessibility issues.
“I’m also a disabled person. I got discharged from the service because of injury, and I don’t sue anybody,” Hovav told KABC.
Related coverage:
The Sun (2010): “Redlands business owners say lawyer is abusing technicalities of ADA”
Redlands Daily Facts ( April 2011): “Redlands businesses still target of suits”
Redlands Daily Facts (June 2011): “Chamber helps get legislature pushed through”
See also:
ABAJournal.com: “Nonlawyer Earns Almost $300K a Year from Disability Suits”
