May 16, 2019 / 12:12 AM / in 6 days

Statute of limitations does not bar ADA case over curb cuts - 10th Circ.

A federal appeals court has revived a lawsuit by a wheelchair-using man against the Colorado city where he lives over curb cuts that he said violated the Americans with Disabilities Act, ruling that statute of limitations did not bar him from bringing the case more than two years after he first encountered problems with sidewalk access.

A unanimous three-judge panel of the 10th U.S. Circuit Court of Appeals said Wednesday that as long as the city of Trinidad, Colorado failed to make the curb cuts comply with the law, the plaintiff, Stephen Hamer, had been harmed by “repeated violations” of the law, each new violation started a new limitations period.

To read the full story on Westlaw Practitioner Insights, click here: bit.ly/2LK474l

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