Wilson
Wilson v. Costco Wholesale Corp.
Opinion
Opinion
Hayes, J.
ORDER
Pending before the Court is Plaintiffs Motion for Summary Judgment and Defendants’ Motion for Summary Judgment. On Monday, March 6, 2006, the parties appeared for oral argument before the Honorable William Q. Hayes. After considering the arguments raised by the parties in their briefing and during oral argument, the Court now issues the following rulings.
BACKGROUND
Plaintiff Ronald Wilson alleges that he suffers from multiple injuries and trauma to his legs, arms and spine as a result of multiple sports injuries, industrial related injuries, and motorcycle accidents. According to his Complaint, Mr. Wilson also suffers from arthritis and gout, and requires the use of a walking device, wheelchair and mobility-equipped van when traveling in public. Mr. Wilson alleges that he visited the Chula Vista Costco (hereinafter “the Store”) on December 26, 2004. Mr. Wilson claims that while shopping at the Store, he encountered several architectural barriers denying him full and equal enjoyment of the Store in violation of Title III of the Americans with Disabilities Act (“ADA”).
In May of 2005, Plaintiff sent a letter to Defendant Costco complaining of unspecified barriers in the…