Managing Partner Manny Sanchez, fellow partner Hugh C. O’Donnell and firm associate April A. Vesely recently tried a case in Rockford, Illinois involving allegations of discrimination against McDonald’s Corporation. A woman born with a congenital defect which resulted in very short arms with incomplete hands claimed discrimination and refusal of service after a delay at a drive-through window at a McDonald’s restaurant in Rockford. Twice in a period of four months the woman visited two different McDonald’s drive-throughs with her children and her order was not handed directly to her but rather to others in her party after a short delay. She initially filed a nineteen (19) count Complaint which was cut down to five counts after two Motions to Dismiss. The case went to trial on seven counts alleging violations of the Americans With Disabilities Act (ADA) and the Illinois Human Rights Act (IHRA) along with a claim of intentional infliction of emotional distress. The Plaintiff’s initial demand was 3 million dollars and final demand before trial was $900,000. The Defendant’s offer was $50,000. The jury returned not guilty verdicts on three of four counts involving the IHRA and intentional infliction of emotional distress counts and awarded $65,000. On February 18, 2011, Judge Eugene Doherty found for the Defendant on the three ADA counts and denied the request for attorney’s fees and punitive damages.
