Urhausen

Disabled by a neuromuscular condition, plaintiff Dianne Urhausen has used cratches since early adolescence. In September 2002, plaintiff drove to a drugstore ran by defendant Longs Drag Stores California, Inc. (Longs). Plaintiff chose to park in an ordinary parking space, although there was an unoccupied parking space reserved for the use of disabled persons located adjacent to the parking space she selected. Using her cratches, plaintiff intended to cross the empty disabled access parking space, ascend the sidewalk curb in front of that parking space, and enter the store. When plaintiff was within inches of the curb, however, she fell and was injured.

Later measurements determined that the surface of the disabled access parking space sloped steeply upward as it approached the curb where plaintiff fell. This upward slope violated state and federal regulations governing the configuration of disabled access parking spaces, which require a level surface. Contending that the noncompliant slope caused her fall, plaintiff sought compensation for her injuries on theories of common law negligence, negligence per se under the disabled access regulations, and denial of full and…