United States Ninth Circuit

In an action brought under the Americans with Disabilities Act (ADA) and state law, denial of paraplegic plaintiff's motion for a new trial following a jury verdict in favor of defendant-restaurant owner is reversed where: 1) the record provided no evidence whatsoever for the jury's conclusion that defendant did not fail to identify and remove architectural barriers at the restaurant; and 2) despite his history of litigiousness, the district court's explanation of the verdict, that plaintiff was a business and not an individual, did not justify the jury's conclusion.

Appellate Information

• Argued 02/05/2007
• Decided 03/23/2007
• Published 03/23/2007

Judges

• FERGUSON, Circuit Judge., Before FERGUSON, EUGENE E. SILER, JR., and HAWKINS, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Thomas E. Frankovich and Jessica A. Dayton, Thomas E. Frankovich, A Professional Law Corporation, San Francisco, CA, for the plaintiffs-appellants.


• For Appellees:
  
• Craig N. Beardsley, Jones & Beardsley, Bakersfield, CA, for the defendant-appellee.