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SAN JOSE, Calif. (AP) A woman with muscular dystrophy who lost
an Americans with Disabilities Act suit against Clint Eastwood last
fall is seeking a new trial, claiming the jury was unfairly swayed
by the actor's celebrity status.
Diane zum Brunnen's motion for a new trial is scheduled to be
heard in federal court in San Jose on June 4.
Zum Brunnen sued Eastwood in 1997, alleging that his Mission
Ranch hotel near Carmel did not have enough accommodations for her wheelchair.
Eastwood said he had tried to make the hotel as accessible as
possible while preserving the ranch's historic character, and he
called the case an extortion attempt.
A jury found Eastwood and the ranch liable for not having enough
signs to a wheelchair-accessible restroom and no ramp access to the
hotel office. But the jurors said zum Brunnen deserved no damages,
because they believed she went to the ranch only to find grounds for a suit.
Zum Brunnen's motion claims jurors were "predictably biased"
toward Eastwood, pointing out that he played piano for them when
they visited Mission Ranch to see the layout and signed autographs
for them when the case was over.
The bid for a new trial also cites what the lawyers call
technical problems with the jury's verdict form and U.S. District
Judge James Ware's refusal to grant an injunction requiring changes
in Mission Ranch's accessibility.
Eastwood's attorney, Charles Keller, said Tuesday the trial was
"conducted as fairly as any that I've ever been involved in," and
said the suggestion the jury was partial to Eastwood "is very distressing."
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