James Shayler

Disability: age related infirmity

Represented by:  the Manning Firm, Atty. Joseph Manning

Number of lawsuits filed: hundreds

Targets: all retail

Mr. James Shayler files lots of lawsuits. He alleges that he has knee and hand issues, and that he qualifies as a disabled person under the ADA. Here, he filed a complaint against an Irish Pub. 

He was  asked at his deposition whether he went up steps. He testified that he avoided steps. A few minutes later he was asked whether he used the front or rear entrance of the Pub. He testified that he walked along the sidewalk from the rear parking, with the aid of his walker, and entered through the front entrance. And, he testified that he was certain that the front street entrance was flat. The photo displayed on this page shows that the front entrance has three steps. 

Did Mr. Shayler ever visit the Pub? Is he an advocate for the disabled or is he a profiteer? You be the judge. 

Examination by attorney Ara Sahelian:

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         14          Q.    BY MR. SAHELIAN:   I see.  So you only own one walker and one 

           15     cane; is that correct?  

           16          A.   JAMES SHAYLER:   No, I own two walkers and one cane.  

           17          Q.    So you always leave one walker in the car; is 

           18     that correct?

           19          A.    Yes.  

           20          Q.    And to get from your house to your car, do you 

           21     have to take steps?

     13:18 22          A.    No, I -- I don't use -- I don't use stairs at 

           23     all.  I've fallen and have to go to the hospital.  I use 

           24     an elevator.  

           25          Q.    So you do not use steps at all?  

            1          A.    Very dangerous for me to use steps.  

     13:18  2          Q.    So you avoid steps as much as you can; 

            3     correct?  

            4          A.    Correct.  

            5          Q.    In fact, you never use steps; correct?

            6          MR. HASHEMI:  Objection, argumentative.  

            7          THE WITNESS:  There are times when I've had to use 

            8     steps, yes.

            9          Q.    BY MR. SAHELIAN:  What would be the 

           10     circumstance under which you would elect to use a step?

           11          MR. HASHEMI:  Objection, argumentative.  Overbroad.  

     13:19 12                Go ahead.

           13          THE WITNESS:  Well, if I'm going somewhere and 

           14     there's not an elevator, I guess I'd have to use steps, 

           15     but I try not to go places that don't have an elevator, 

           16     that just have steps.

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           21          Q.    BY MR. SAHELIAN:   Okay.  So now you're in the back of your car, 

           22     and you pulled out your walker; correct?  

           23          A.   JAMES SHAYLER:   Right.  

           24          Q.    And did you close the back hatch?

           25          A.    Yes.

            1          Q.    And you were able to reach -- reach up to be 

     16:20  2     able to grab the back hatch and you pull it down?  

            3          A.    Yeah, with my left hand.  

            4          Q.    All right.  What did you do then?  

            5          A.    I believe then I went -- I tried to go --.  I 

            6     don't know if I tried to go to the back door.  I don't 

            7     think I did.  I think I walked around, walked down the 

            8     slope around.  

            9          Q.    So you walked -- if you're -- if I get your 

     16:21 10     testimony, you took your walker out of the back of the 

           11     car, and then you walked down the slope towards the 

           12     sidewalk; correct?  

           13          A.    Correct.  

           14          Q.    And you followed the sidewalk; correct?  

           15          A.    Yes.  

           16          Q.    Towards that black pickup truck on your right; 

           17     correct?  

     16:21 18          A.    I don't -- I'm not sure what was a black 

           19     pickup truck or what was there.  All I know is I walked 

           20     around -- down the slope to the -- to the sidewalk, and 

           21     then I walked to the -- went through the front door.  

           22          Q.    Went to the front door.  Is there anything 

           23     about the front door that you remember?  

     16:22 24          A.    Yeah, it was a little heavy to open.  It was a 

           25     little hard to open with my walker, but I had a silver 

            1     walker then, and it was a different kind.  And it 

            2     catches.  That's why I got rid of it, it catches those 

            3     mats.  

            4          Q.    Got it.  And was it -- was there a step up 

            5     into the front door?  

            6          A.    I don't believe so.  No.  

            7          Q.    So it was flat going right through; correct?  

     16:22  8          A.    Yes.  Believe so.

            9          Q.    So -- so -- so from the -- to get to the 

           10     entrance from the sidewalk, you just had to open the door 

           11     and walk right through; correct?  

           12          A.    Yeah, I believe so, yeah.  

           13          Q.    All right.  So when you walked in, what did 

           14     you see?  

           15          A.    Kind of dark in there.  I saw a bar on the 

           16     left-hand side, and then I believe there were booths on 

     16:23 17     the right-hand side, and I sat down on -- I think I may 

           18     have gone to the bar, sat on the bar.  I think I sat on 

           19     the bar.  I don't know if it was a booth or not, but I 

           20     ordered a Corona and -- and ordered a Corona beer and 

           21     drank it.  

           22          Q.    All right.  How long did you stay there?

           23          A.    Oh, I don't know, probably a half an hour.  

           24          Q.    All right.  And then how did you -- strike 

     16:23 25     that.  After you had your drink, what did you do?  

            1          A.    I asked if I could go through the back door, 

            2     and I went out the back door to my car.