Scherr v. Marriott Int'l, Inc., No. 11-3833 (7th Cir. 2013)
Annotate this CaseScherr, an elderly woman who required the use of a walker, booked a room at the Courtyard Marriott Hotel in Overland Park, Kansas and requested a room that complied with the Americans With Disabilities Act. The hotel had recently undergone a renovation and had installed spring-hinged door closers on the bathroom doors of some of its rooms, including the ADA-compliant room assigned to Scherr. While attempting to exit her bathroom, the door, which she had pushed open and then released to use her walker, quickly slammed shut on her, striking her and knocking her down. She underwent surgery for a broken wrist and an injured hip and later brought a personal injury action against the hotel, which settled in 2010. Prior to settlement, Scherr brought a suit under the ADA seeking injunctive relief against the hotel and 56 other Courtyard Marriotts for using the spring-hinged door closers. The district court ruled that Scherr had standing to sue the Overland Park hotel, but not the 56 other Marriotts, and that the applicable statute of limitations did not bar her suit, but later granted Marriott summary judgment. The Seventh Circuit affirmed, holding that the spring-hinged door closers comply with ADA regulations.
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