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I am a 61 yr. old male , disabled from a fall 12-27-2012 under

the care of a neurosurgeon...
I am a 61 yr. old male , disabled from a fall 12-27-2012 under the care of a neurosurgeon. I moved my fifth wheel trailer onto a lease property where it has been located now for 9 months and on which the rent has been paid in full on time. The landlord ie; owner of the 2 acres that has sewer,water, electric connections and an aluminum cover over the fifth wheel site decides last Thursday that he wants me to move my fifth wheel trailer out of the covered shed site within 3 days so he can put his trailer under the shed ( he got notified of a job in another state that he will be at for 4 months). Now my lifting restrictions are 5 lbs, wearing a clam shell spine brace any time I am not sleeping. His telling me I had to be out of the space in 3 days caused me to have to work lifting 20 to 40 lb storage boxes of mine and moving the furniture , boxing up loose items in the fifth wheel in order to close the slides and move it. I told him I could not physically do this and had told him what restrictions I had and he knew I was disabled....to accomadate his needs I over exerted my restrictions ...he said he would have 4 people onsite to help me ..but they did not show up. I did get the fifth wheel moved out by his deadline. To further harass me he said I would need to mow the 2.5 acres while he was out of state..this was never ever a responsibility, he continued to harass me about moving more heavy items I have stored in his garage of which we have an agreement that I pay him $50.00 / mo. for 1/3rd of the garage space for storage. My question is his harassment knowing my disabled condition legal and if in fact my cat scan of the spine show new damage to the spinal fusion/prosthetics do I have any recourse since I complied with his harassment demands?
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Answered in 5 minutes by:
8/1/2012
MShore
MShore, Attorney
Category: Legal
Satisfied Customers: 25,285
Experience: Negotiate, Draft, and Review many complex commercial agreements each year.
Verified
Thank you for the post, I am happy to assist you by answering your questions. Did he state that you had to perform the lifting and mowing personally, or just that the lifting and mowing had to be completed? I ask because in order to hold him liable, you would have to show that you did not have the option to have the tasks performed by a third party.
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Customer reply replied 5 years ago
He said " You need to have all of that junk moved my tomorrow..I found two more young men down the road that said they would like the work along with the two hispanic men who worked for us cleaning the garage"
This was on Fri. nite @ 6 pm Saturday morning the landlord showed up and said " Did those two laborers show up ?." I said no "Where are the two hispanic workers" He responded " they are in Austin (30 minutes drive to pick them up) and he did not offer to go pick them up as he was knew exactly what he was doing and seemed to enjoy the harassment. He continued on that morning and afternoon with his harassing verbage until I finally told him you have my 30 days notice and you know my disability and my restrictions on not lifting greater than 5 lbs, not stooping which most of this work required stooping to lift boxes . Just curious is any of this an A.D.A. violation...if so and my Cat Scan in the morning is read as deterioration or new findings suggesting overuse etc.. do I file a complaint. He had disconnected the sewage connection to my trailer and emptied the therapy hot tub I use 2 or3 times daily to increase circulation to the spine that is was damaged in the original fall and subsequent 4 level fusion.
Thank you Richard, my concern is that you assumed the risk of injury by performing the moving and mowing, further he is not covered by the ADA in this situation as he never forced you to do the movements personally. You could have declined to do the movements personally, and he could not take legal action against you. Please let me know if you need additional guidance.
MShore
MShore, Attorney
Category: Legal
Satisfied Customers: 25,285
Experience: Negotiate, Draft, and Review many complex commercial agreements each year.
Verified
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MShore
MShore
MShore, Attorney
Category: Legal
Satisfied Customers: 25,285
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Experience: Negotiate, Draft, and Review many complex commercial agreements each year.

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