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Kmart Settles Class-Action Disability Suit


Denver, AKmart spokesman said the company settled a class-action suit Monday over access for disabled shoppers. The agreement gives the company 7.5 years to bring its nationwide stores into compliance with federal standards for merchandise, counters, restrooms, fitting rooms and parking lots. The $13 million settlement, which was filed in the U.S. District Court in Denver, includes $8 million in cash and $5 million in gift cards. It will be distributed to plaintiffs in California, Colorado, Hawaii, Massachusetts, New York, Oregon and Texas, whose laws have minimum damages for failing to comply with disability-access rules. The plaintiffs’ attorney Amy F. Robertson said the most an individual could receive would range from $100 in Colorado to $8,000 in California, depending on state laws. Kmart spokesman Chris Brathwaite would not speculate on how many of Kmart’s 1,400 stores might require changes or how much they might cost.

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