Oliver v. Ralphs Grocery Co., et al., No. 09-56447 (9th Cir. 2011)
Annotate this CasePlaintiff, a disabled individual who required the use of a motorized wheelchair to get around, filed a lawsuit against defendants, alleging that a Food 4 Less grocery store in Chula Vista, California did not comply with the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. 12101, 12213, and certain state laws. At issue was whether the district court erred in refusing to consider the allegations in plaintiff's expert report; in granting summary judgment to defendants as to the barriers he claimed violated California's Manual on Uniform Traffic Control Devices (MUTCD), which was based on the district court's conclusion that violations of the MUTCD were not per se violations of the ADA; and in declining to exercise supplemental jurisdiction over his state claims. The court held that the district court did not err in refusing to consider the barriers that plaintiff identified only in his expert report; the district court properly granted partial summary judgment to defendants regarding those of plaintiff's allegations premised on noncompliance with the MUTCD rather than the ADA Accessibility Guidelines; and the district court did not abuse its discretion in dismissing plaintiff's state law claims with prejudice. Accordingly, the court affirmed the judgment of the district court.
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