Individuals living with brain injuries have many challenges to overcome. Severe brain injuries can leave individuals unable to walk, talk or perform basic physical tasks. Even less serious brain injuries, however, can greatly impact an individual’s health and well being. Often misunderstood and marginalized, they are forced to deal with not only physical limitations, but also changes to their personality which greatly impact their lives and personal relationships.
One man who suffered a brain injury has filed a lawsuit against a country club where he is a member alleging violations of the Americans With Disabilities Act as well as defamation and breach of contact. The man, who is a member of the country club, was recently having lunch at the club with his therapist.
The man made a comment that was overheard by another club member who believed the comment to be directed towards her. The woman had been involved in a lawsuit that resulted in the dismissal of one of the club’s employees. The man, however, contends his comment was not directed towards anyone and rather was a manifestation of changes to his personality caused by his brain injury.
The woman complained to club executives who effectively suspended the man’s membership. In response, even though the man’s off-hand comment was not directed towards the woman, he apologized. He also asserted that his brain injury affects aspects of his personality.
The club reinstated the man’s club membership, but required he be supervised while on club grounds. The man has filed a lawsuit against the club citing that, among other things, they are in violation of the Americans With Disabilities Act.
Source: Courthouse New Service, “Brain Injury Victim Takes on Country Club,” Purna Nemani, July 23, 2012