Third Circuit Court of Appeals affirms summary judgment obtained by LCBF dismissing ADA and negligence claims

In Arrington v. Amtrak, venued in the Eastern District of Pennsylvania, an Amtrak passenger filed a lawsuit based upon claims of negligence and the Americans with Disabilities Act (“ADA”), resulting from an alleged fall she had while walking through the train car.  Plaintiff alleged injuries to her neck, requiring a laminectomy, left shoulder and bilateral carpal tunnel syndrome, requiring a right carpal tunnel release.  Plaintiff, who bought a handicapped seat on the train, alleged she was forced to move to another car without assistance.  The trial court granted Amtrak’s summary judgment motion on both claims.  Plaintiff appealed to the Third Circuit, which affirmed the trial court’s ruling.  The appellate court affirmed the trial court's findings that, contrary to plaintiff's assertion, she was not substantially limited in a major life activity that would establish her as a qualified individual under the ADA, and that Amtrak did not discriminate against plaintiff since the only accommodation plaintiff requested, a handicapped seat, was provided.  In affirming the dismissal of the negligence claim, the court found that plaintiff never asked for assistance prior to changing seats and, despite being advised she could wait until the train stopped moving, chose to change seats on her own accord while the train was moving.  Andrew Kornblau headed the LCBF team.