By G. MICHAEL GRAHAM
Fort Thomas Matters Reporter
A Cincinnati Enquirer story recently
reported that Elisabeth Culbertson and her husband’s estate filed a lawsuit
against the city of Fort Thomas for failing to provide curb ramps on the street
so wheelchair-bound residents can make it around the sidewalks easier.
The story
stated that the family attorney of William Culbertson Jr, 67, alleged that the
city violated Title II of the Americans with Disability Act. Attorney Don
Nageleisen wants compensation for the family.
“Fort Thomas clearly failed to provide a ramp for
handicapped individuals such as William Culbertson to access the existing
sidewalks in this area – literally forcing them to use the main, public
street,” Nageleisen told the Enquirer.
City
Administrative Officer Don Martin confirmed Fort Thomas has been served the
lawsuit and deferred all questions to the city lawer. At the time of the story run by The Enquirer, the city had not yet been served with the lawsuit.
The city’s insurance carrier
assigned the case to Cincinnati lawyer Roger Schoeni. Schoeni said he generally
does not talk about pending court matters. But he did provide an update in the
case.
“Mr. Nageleisen, with Judge (David) Bunning’s approval, has
provided the City the professional courtesty of a 21-day extention of time to
respond to the allegations in the complaint,”
Schoeni said. “The response date is now September 24. I will file, on behalf
of the City, a responsive pleading on or before that date.”
Court
records stated William Culbertson headed east up Huntemann Lane toward
Cliffgate when he met a neighbor and stopped to talk. In the process, motorist
Kristie Barrow hit the back of William Culbertson’s scooter and William
Culbertson slammed into the back of his neighbor’s parked Cincinnati Bell
truck.
William
Culbertson passed away from the injuries weeks after that. Charges were not
filed against Barrow for creating the accident. Elisabeth Culbertson told the Enquirer something did not feel right
when the couple’s Labrador retriever, Shilo, ran back without her husband.
“I threw my robe on, got in the car and took off,” Elisabeth Culbertson told the Enquirer. “I went up the
street and there was my husband lying on the street.”
The story
said the suit said William Culberton talked to city employees concerning the
limited handicap-accessible sidewalks on Huntemann Lane. Nageleisen said
William Culbertson had no other routes to take because Huntemann is a dead-end
street. Thus, William Culbertson had to ride in the street.
Nageleisen
told the Enquirer federal law
required sidewalks for the handicapped starting in 1992. He claims negligence
toward Fort Thomas because it has paved Hutemann Lane in the last 20 years and
even fixed up the sidewalk but no ramps were added.
