Robert Segalman v. Southwest Airlines Co.

MEMORANDUM

Plaintiff Robert Segalman appeals the district court’s dismissal of his claims under the Americans with Disabilities Act (“ADA”) and California statutes prohibit ing disability discrimination, as well as a state-law negligence claim, all stemming from Southwest Airlines’ alleged improper handling of his electronic wheelchair. We review de novo the district court’s grant of a motion to dismiss under Rule 12(b)(6). Narayanan v. British Airways, 747 F.3d 1125, 1127 (9th Cir.2014).

Following the district court’s judgment in this case, we decided Gilstrap v. United Air Lines, 709 F.3d 995 (9th Cir.2013), which addressed several of the legal issues presented here. In light of Gilstrap , we affirm in part, vacate in part, and remand to the district court for further proceedings.

I. ADA Claim.

As Plaintiff acknowledges in his reply brief, his ADA claim is foreclosed by Gil-strap, in which we held that airport terminals are not among the “place of public accommodation” governed by the ADA. 709 F.3d at 1011-12 . Accordingly, we affirm the dismissal of Plaintiffs ADA claim.

II. State-Law Negligence and Statutory Claims.

The district court concluded that Plaintiffs claims…