Dismissal of Title III ADA Claims for Strip Mall Property Owner

We recently won dismissal of a lawsuit filed against a Middle Tennessee strip mall property owner for Title III Americans with Disabilities Act (ADA) violations. A physically impaired plaintiff claimed that a restaurant located on the premises of our client’s property was not handicap accessible. Upon review of the complaint, we advised the client to evaluate the allegations and determine if the accessibility concerns were accurate and readily achievable, and if so, to make the modifications, which the client did. Upon presenting opposing counsel with the corrections, the plaintiff dismissed the case with prejudice.

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