Bergeron v. City of Morgan City

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 95-31202 Summary Calendar

WAYNE PETER BERGERON,

Plaintiff-Appellant,

versus

CITY OF MORGAN CITY, ET AL.

Defendants

LOUISIANA DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT

Defendant-Appellee.

- - - - - - - - - - Appeal from the United States District Court for the Western District of Louisiana USDC No. 94-CV-712 - - - - - - - - - -

May 15, 1996

Before DAVIS, BARKSDALE, and DeMOSS, Circuit Judges.

PER CURIAM:*

Wayne Bergeron, who is confined to a wheelchair, appeals the

summary judgment dismissing his claim under the Americans with

Disabilities Act, 42 U.S.C. § 12181, against the Louisiana

* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4.  No. 95-31202 - 2 -

Department of Transportation and Development. This district court

held that the curb in question, which lacked a ramp or curb cut,

was completed prior to the effective date of the ADA and therefore

is not covered by the Act. Mr. Bergeron argues that a factual

issue exists as to the exact location of the accident. We have

reviewed the record and the district court’s opinion and find no

reversible error. Accordingly, we affirm for the same reasons

given by the district court. Bergeron v. City of Morgan City, No.

94-CV-712 (W.D. La. Oct. 26, 1995).

AFFIRMED.