Borngesser v. Jersey Shore Medical Center,

Borngesser v. Jersey Shore Medical Center,
No. A-2054-99T2 (N.J. Super. Ct. App. Div. May 14, 2001)

The New Jersey Superior Court reversed the jury verdict in favor of the hospital
in an action filed by deaf plaintiff who claimed that the hospital’s failure
to provide reasonable accommodations to ensure effective communication violated
the Federal Rehabilitation Act. The appeals court held the trial court erred
in instructing the jury and ordered a new trial. The appeals court held that
it must be made clear to the jury that while it is the hospital’s decision as
to what measures need to be taken to ensure effective communication, the effectiveness
of those measures must be viewed from the perspective of the patient.