Aikins

Aikins v. St. Helena Hospital

Good Law
843 F. Supp. 1329·94 Daily Journal DAR 2467·3 Am. Disabilities Cas. (BNA) 29·1994 U.S. Dist. LEXIS 1644
United States District Court, Northern District of CaliforniaFebruary 2, 1994C 93-3933 FMSCalifornia6,430 words

Opinion

Opinion

Smith, J.

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTIONS TO DISMISS AND FOR SUMMARY JUDGMENT

INTRODUCTION

Plaintiffs Elaine Aikins (“Mrs. Aikins”) and California Association of the Deaf (“CAD”) have brought suit against defendants St. Helena Hospital (“St. Helena,” “the hospital”) and Dr. James Lies (“Dr. Lies”) under the Americans with Disabilities Act (“the ADA”), the Rehabilitation Act of 1973, and various California civil rights statutes. Both defendants have filed motions to dismiss or, in the alternative, for summary judgment. Defendants have also sought to have CAD dismissed from the lawsuit on the basis that CAD lacks standing.

BACKGROUND

' The events giving rise to this lawsuit occurred between October 30 and November 4, 1992. Mrs. Aikins is a deaf woman whose husband, Harvey Aikins, suffered a massive cardiac arrest at approximately 8:00 p.m. on October 30, 1992. Following Mr. Aikins’s attack, Mrs. Aikins went to the home of some neighbors and had them call 911. According to Mrs. Aikins, the paramedics arrived at her home approximately four minutes after the call to 911, which defendants assert was approximately fifteen minutes after Mr. Aikins suffered the…

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