Bergeron v. City of Morgan City
Summary of the case Bergeron v. City of Morgan City
Wayne Bergeron, a wheelchair user, appealed the summary judgment dismissing his ADA claim against the Louisiana Department of Transportation and Development. The district court held that the curb, lacking a ramp, was completed before the ADA's effective date and thus not covered by the Act. Bergeron contended there was a factual issue regarding the accident's location. The appellate court found no reversible error and affirmed the district court's decision.
Key Issues of the case Bergeron v. City of Morgan City
- ADA applicability to pre-ADA constructions
- Factual dispute over accident location
Key Facts of the case Bergeron v. City of Morgan City
- Curb lacked a ramp or curb cut
- Curb was completed before ADA's effective date
Decision of the case Bergeron v. City of Morgan City
Affirmed
Opinions
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* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4.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.