Facts

On August 25, 2014, Amanda Jones was in Santa Cruz attending a conference. While there, she utilized a motorized scooter to move around. She boarded a bus operated by the National Railroad Passenger Corporation (Amtrak) to San Jose. The bus driver assisted her with securing the scooter. While on the way, the scooter fell over, injuring Jones. Jones filed a lawsuit against Amtrak.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that the bus driver did not properly secure the scooter. Plaintiff contended that the bus driver's actions came in the course and scope of employment, making defendant vicariously liable. Plaintiff contends that the driver's actions were negligent and that defendant's failure to maintain a safe environment for the scooter-bound on its bus violated the Americans with Disabilities Act, the Rehabilitation Act of 1973, and the California Unruh Civil Rights Act.

DEFENDANT'S CONTENTIONS: Defendant contended that plaintiff assumed the risk of injury by choosing to remain seated in the scooter without a seat belt. Defendant contended that other seats were available on the bus, but plaintiff declined to sit there. Defendant further contends that plaintiff did not meet her burden of showing intentional discrimination, as required by the ADA and the Unruh act.

Result

The court granted defendant's motion for summary judgment.