Torres

Torres v. Rite Aid Corp.

Good Law
412 F. Supp. 2d 1025·2006 WL 213727·2006 U.S. Dist. LEXIS 5260
United States District Court, Northern District of CaliforniaJanuary 27, 2006C 05-02136 WHACalifornia5,356 words

Opinion

Opinion

Alsup, J.

ORDER DENYING MOTIONS FOR SUMMARY JUDGMENT

INTRODUCTION

In this action alleging access discrimination against a visually impaired man, both sides move for summary judgment. Defendant Rite Aid Corp. operates the store that allegedly failed to conform to Americans With Disabilities Act building standards. It moves for summary judgment on plaintiffs ADA and state-law claims. Plaintiff Jesus Torres moves for summary judgment on whether certain in-store displays that protrude into the aisles of a Rite Aid store would violate ADA regulations. Neither side is entitled to judgment as a matter of law. Both motions are therefore Denied.

STATEMENT

At age four, plaintiff was diagnosed with glaucoma. He has a prosthetic right eye with no vision and limited vision in his left eye. He is generally unable to see objects as he walks indoors, with the occasional exception of shopping carts at a distance of six inches or less (Jesus Torres Decl. ¶ 2 (Nov. 28, 2005) (“Jesus Torres Decl. I”); Jesus Torres Dep. 12 — 13, 89).

The Rite Aid store where plaintiff alleges ADA violations is in Pittsburg, California (Jesus Torres Decl. I ¶ 4; Compl. ¶ 2). Defendant concedes that it operates the store…

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