Kenneth Munson v. Del Taco Inc., a California Corporation
Published: Oct. 14, 2006 | Result Date: Aug. 4, 2006 | Filing Date: Jan. 1, 1900 |Case number: 2:05-cv-05942-AHM-FMO Bench Decision – $12,000
Court
USDC Central
Attorneys
Plaintiff
Mark D. Potter
(Potter Handy LLP)
Russell C. Handy
(Center for Disability Access)
Defendant
Scott J. Ferrell
(Pacific Trial Attorneys APC)
Facts
Kenneth Munson frequented a Del Taco restaurant in Loma Linda between 2000 and 2004. Munson, who is a paraplegic, was unable to use the restaurant's bathroom because his wheelchair would not fit through the doorway. As a result, he once had to use the restroom at a different business. Munson, who is in his 40s, filed a lawsuit against Del Taco Inc., alleging it violated California's Unruh Civil Rights Act and the Americans with Disabilities Act (ADA).
Contentions
PLAINTIFF'S CONTENTIONS:
The plaintiff expressed his concerns to the defendant's management, however no steps were taken to remedy the problem. The ADA requires that doorways be a minimum of 32 inches wide. The plaintiff contended that the defendant's bathroom doorway was less than 32 inches wide. Further, had the plaintiff been able to get through the doorway, he would have encountered additional violations inside the restroom that would have made it impossible for him to use it with a wheelchair.
DEFENDANT'S CONTENTIONS:
The defendant claimed that during a remodeling project in 2006, the restrooms were completely demolished. ADA guidelines were strictly followed during the rebuilding process.
Damages
The plaintiff sought $12,000 in damages. A request for an injunction requiring the defendant to rebuild the restrooms in compliance with the ADA was dismissed because the defendant took appropriate remedial action.
Result
$12,000. Del Taco was found liable under the Unruh Act.
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