Lyons v. Grether

239 S.E.2d 103 (1977)

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Nature of the Case

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Facts

P is a blind person. P accompanied by her four-year-old son and her guide dog, arrived at D's 'medical office' to keep an appointment 'for treatment of a vaginal infection.' P was told that D would not treat her unless the dog was removed from the waiting room. She insisted that the dog remain because she 'was not informed of any steps which would be taken to assure the safety of the guide dog, its care, or availability to her after treatment.' D 'evicted' P, her son, and her dog refused to treat her and failed to assist her in finding other medical attention. P was 'humiliated' in the presence of other patients and her young son. She could not find treatment for another two days as her condition worsened. P endured 'great pain and suffering.' P sued D. Alleging that D's waiting room 'is a public place and a place to which the general public is invited and where she had a right to have her guide dog with her pursuant to Virginia Code § 63.1-171.2', P sought damages resulting from 'breach of D’s duty to treat.' The trial court held that 'D had no duty to treat since he had not accepted her as a patient' and that 'D's waiting room is not a public facility or place contemplated by' the White Cane Act. P appealed.