MARTINEZ v. PACIFIC GUARDIAN LIFE INSURANCE COMPANY, LIMITED

    Plaintiff

    • Name: Abelardo Martinez, Jr.
    • Filing date: February 24, 2021
    • State of filing: California

    Defendant

    • Name: PACIFIC GUARDIAN LIFE INSURANCE COMPANY, LIMITED
    • Website: www.pacificguardian.com
    • Industry: Insurance
    • Summary: Pacific Guardian is a multinational insurance company offering coverage for personal and commercial liability.

    Case Summary

    On February 24, 2021, Abelardo Martinez, Jr. filed a Complaint in California State court against PACIFIC GUARDIAN LIFE INSURANCE COMPANY, LIMITED. Plaintiff Abelardo Martinez, Jr. alleges that www.pacificguardian.com is not accessible per the WCAG 2.0 accessibility standard(s).

    Case Details

    Plaintiff alleges issues in its Complaint including the following:

    • Empty buttons, which present a problem because a button is empty or has no value text. When navigating to a button, descriptive text must be presented to screen reader users to indicate the function of the button;
    • Skipped heading levels, which presents a problem because headings provide document structure and facilitate keyboard navigation by users of assistive technology. These users may be confused or experience difficulty navigating when heading levels are skipped; and
    • Redundant Links where adjacent links go to the same URL address which results in additional
      navigation and repetition for keyboard and screen reader users.

    Plaintiff asserts the following cause(s) of action in its Complaint:

    Violations of the Unruh Civil Rights Act, California Civil Code § 51 et seq.

    Plaintiff seeks the following relief by way of its Complaint:

    • A preliminary and permanent injunction to prohibit Defendant from violating the Americans with Disabilities Act, 42 U.S.C. §§ 12182, et seq., N.Y. Exec. Law § 296, et
      seq., and N.Y.C. Administrative Code § 8-107, et seq., and the laws of New York;
    • A preliminary and permanent injunction requiring Defendant to take all the steps necessary to make its App into full compliance with the requirements set forth in the ADA, and its implementing regulations, so that the App is readily accessible to and usable by blind individuals;
    • A declaration that Defendant owns, maintains and/or operates its App in a manner which discriminates against the blind and which fails to provide access for persons with disabilities as required by Americans with Disabilities Act, 42 U.S.C. §§ 12182, et seq., N.Y. Exec. Law § 296, et seq., and N.Y.C. Administrative Code § 8-107, et seq., and the laws of New York;
    • An order directing Defendants to continually update and maintain its App to ensure that it remains fully accessible to and usable by the visually-impaired;
    • Compensatory damages in an amount to be determined by proof, including all applicable statutory damages and fines, to Plaintiff for violations of their civil rights under New York State Human Rights Law and City Law;
    • Plaintiff’s reasonable attorneys’ fees, expenses, and costs of suit as provided by state and federal law;
    • For pre- and post-judgment interest to the extent permitted by law; and
    • For such other and further relief which this court deems just and proper.

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