Carpenter

FACTS AND PROCEDURE

On October 17, 2011, Carpenter sued Leung, alleging violations of the ADA, Unruh Civil Rights Act, California Disabled Persons Act and stating a cause of action for negligence. Carpenter alleged that he was quadriplegic and required use of a wheelchair for mobility. According to the complaint, Leung owned a shopping center in Rosemead California. Carpenter alleged that Leung failed to provide any van-accessible parking space with an eight-foot access aisle. In his trial brief, Carpenter argued that Leung provided three handicap parking spaces but none was van accessible. Carpenter argued that Leung was required to provide at least one compliant van-accessible parking spot. At trial, Carpenter testified that he was quadriplegic and needed the assistance of a wheelchair. He drove a minivan that was modified for wheelchair use. On July 6, 2011, he went to a retail complex located at 8632 Valley Boulevard and tried to park his car. There was not enough space for his ramp to deploy. The parking space did not have an eight-foot ramp. In his defense, Leung sought to admit a picture of the parking lot in the back of the building. Carpenter’s attorney objected arguing…