Wednesday, July 14, 2010
Can a Lawyer With Cerebral Palsy Who Requires Assistance to Eat and Use the Bathroom Engage in Unwanted Sexual Contact?
How can a lawyer, with Cerebral Palsy who requires assistance to use the bathroom (see the comments) and has to rely upon his father and an aide for help with the most basic tasks, such as feeding himself, engage in unwanted sexual contact?
A court in New York is going to consider the unusual case of Hippocrate Mertsaris, the aforementioned attorney.
The thinking part of Mertsaris’ brain works fine. He moves his head to manipulate a computer. He graduated from college and earned a law degree.
Mertsaris works as a lawyer at the Taxi and Limousine Commission. He handles cases involving taxi drivers.
Last October, a Taxi and Limousine Commission judge accused Mertsaris of grabbing her upper thigh and buttocks while they were in the office alone. His aide had gone to file papers.
His arms and hands tend to flail around and that’s where the trouble started. When people get too close to him, Mertsaris tends to get nervous and he has more trouble controlling his arms. He says his arm moved and hit her. He says he did not intend to touch her.
However, two years ago, he sent the judge a series of emails — which appear to have creeped the judge out, since she asked Mertsaris’s supervisors to make him stop emailing her (which he did).
A video of a recent interview with Mertasris can be found here.
I welcome your opinions here. What do you all think?
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Nice post, medical malpractice makes one's happiest moment to the sorrow one. For such cases cerebral palsy attorneys will play a very important role.
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