GOMEZ v. POTAMKIN HY PALMETTO, LLC

    Plaintiff

    • Name: Andres Gomez
    • Filing date: August 29, 2019
    • State of filing: Florida

    Defendant

    • Name: Potamkin HY Palmetto, LLC
    • Website: www.kendall-hyundai.com
    • Industry: Automobile
    • Summary: Kendall Hyundai is a new and used Hyundai automobile dealership in Miami, Florida.

    Case Summary

    On August 29, 2019, Andres Gomez filed a Complaint in Florida Federal court against Potamkin HY Palmetto, LLC. Plaintiff Andres Gomez alleges that www.kendall-hyundai.com is not accessible per the WCAG 2.1 accessibility standard(s).

    Case Details

    Plaintiff alleges issues in its Complaint including the following:

    •  Website does not properly interact with screen reader software in a manner that will allow the blind and visually impaired to enjoy the website;
    • Nor does the site provide other means to accommodate the blind and visually impaired.

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

    Americans with Disabilities Act, 42 U.S.C. § 12181 et seq.

    Plaintiff seeks the following relief by way of its Complaint:

    •  A Declaratory Judgment that at the commencement of this action Defendant is in violation of the specific requirements of Title III of the ADA, described above, and the relevant
      implementing regulations of the ADA, in that Defendant took no action that was reasonably calculated to ensure that its website was fully accessible to, and independently usable by, blind individuals;
    • A permanent injunction pursuant to 42 U.S.C. § 12188(a)(2), 29 U.S.C.A. § 794a, 28 CFR § 36.504 (a), and 29 U.S.C.A. § 794a which directs Defendant to take all steps necessary to bring its website into full compliance with the requirements set forth in the ADA, and both statutes' implementing regulations, so that its website is fully accessible to, and independently usable by, blind individuals, and which further directs that the Court shall retain jurisdiction for a period to be determined to ensure that Defendant has adopted and is following an institutional policy that
      will in fact cause Defendant to remain fully in compliance with the law;
    • An Order certifying the class proposed by Plaintiff, and naming Plaintiff as class representatives and appointing his counsel as class counsel;
    • Payment of attorneys’ fees and costs incurred in this lawsuit;
    • Payment of reasonable attorneys' fees, pursuant to 42 U.S.C. § 12205, 29 U.S.C.A. § 794a, and 28 CFR § 36.505; and,
    • Whatever other relief the Court deems just, equitable and appropriate.

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