A lawsuit filed against the Disabled American Veterans by John Johnston alleging he had been improperly banned from riding the DAV van has been dismissed.
Floyd County Superior Court Judge Larry Salmon found that Coosa Valley Chapter of the Disabled American Veterans Cmdr. Steve Rood’s decision to ban Johnston was justified.
“Although this Court does not find that (Johnston) did or did not pose a danger to the van drivers or other passengers, this Court does find that Mr. Rood’s conclusion that the Plaintiff did pose such a danger was reasonably justified,” Salmon stated in the order.
Click here to view the judge’s ruling in the lawsuit.
The DAV was found to be in default for failing to file an answer to the initial complaint, however, the $15,000 asked for by Johnston in damages was denied.
“(The DAV) has proposed alternate transportation arrangements which if implemented by (Johnston) would provide the transportation (Johnston) seeks at no cost,” Salmon stated in the order.
The case began when Johnston filed a lawsuit on May 17, 2007, and originally named Rood, the DAV and the Georgia Department of Veterans Services as defendants.
Both Rood and the Georgia Department of Veterans Services were dismissed as defendants in the case last year.
The 12-passenger van, used to transport veterans to the Atlanta VA hospital, was paid for with $17,000 raised by local community members and a matching contribution from the DAV.
The suit prompted Rood to resign as the volunteer van coordinator with the intention of turning the van back over to the Atlanta VA hospital, he said in an earlier interview.
Cmdr. Moses A. McIntosh Jr. of the Georgia DAV said the van could be reassigned to other areas in Georgia if a greater need is found.
Attempts to contact Johnston, Rood and McIntosh were unsuccessful Monday.
Click here for a previous related story.
