391 F. Supp. 3d 1
D.C. Cir.2019Background
- Plaintiff Vyanne Samuels, an individual with a disability, alleges she tripped on a concrete wheel stop in a Safeway parking garage and suffered serious injuries.
- Samuels sued Safeway in D.C. Superior Court asserting negligence and negligence per se based on alleged violations of ADA accessibility guidelines (Advisory 502.4).
- Safeway removed the case to federal court based on diversity jurisdiction and moved for partial judgment on the pleadings under Rule 12(c) to dismiss the negligence per se count.
- Safeway argued the ADA cannot serve as the statutory basis for a negligence per se claim; Samuels argued the ADA (or its guidelines) supports such a claim and has a public-safety purpose at least in part.
- The court applied D.C. law (Erie) and the D.C. standard for negligence per se, which requires the plaintiff show the statute was designed to promote safety and protect the plaintiff’s class.
- The court concluded the ADA’s primary purpose is eliminating disability discrimination (not promoting public safety) and therefore granted Safeway’s motion, dismissing the negligence per se claim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the ADA can be the statutory basis for a negligence per se claim under D.C. law | ADA (and its accessibility guidelines) embodies a safety objective and thus supports negligence per se | ADA’s purpose is to eliminate discrimination, not to create or guarantee public-safety protections; it cannot support negligence per se | ADA does not have a primary or sufficient public-safety purpose to sustain negligence per se; Count II dismissed |
Key Cases Cited
- PGA Tour, Inc. v. Martin, 532 U.S. 661 (2001) (supreme court description of ADA purpose as remedying discrimination)
- Hunter v. District of Columbia, 64 F. Supp. 3d 158 (D.D.C. 2014) (ADA cannot serve as basis for negligence per se in personal-injury actions)
- Theatre Mgmt. Grp., Inc. v. Dalgliesh, 765 A.2d 986 (D.C. 2001) (ADA accessibility standards may be evidence of standard of care for ordinary negligence but not negligence per se)
- Spector v. Norwegian Cruise Line Ltd., 545 U.S. 119 (2005) (ADA exceptions where a modification would pose a direct threat to others’ health or safety)
- Blake v. Securitas Sec. Servs., Inc., 962 F. Supp. 2d 141 (D.D.C. 2013) (articulation of D.C. negligence per se elements)