DORAN v. 7-ELEVEN INC
The Ninth Circuit Court of Appeals today released an opinion in DORAN v. 7-ELEVEN INC, No. 05-56439, a federal appeal. The panel consisted of Jerome Farris and Ronald M. Gould, Circuit Judges, and Kevin Thomas Duffy, District Judge.
GOULD, Circuit Judge:
We review an order of the district court granting summary judgment to 7-Eleven, Inc. in Jerry Doran’s suit under the Americans With Disabilities Act (”ADA”). We affirm the district court’s summary judgment on certain alleged ADA violations Doran encountered or of which he had personal knowledge. However, because the district court erred in concluding that Doran did not have standing to challenge other barriers related to his disability and identified in his expert’s site inspections, we partially vacate the district court’s order granting summary judgment, and we remand for further proceedings. I Doran is a paraplegic who uses a wheelchair for mobility and travels in a wheelchair-accessible minivan. Doran lives in . . .
The Petition for Panel Rehearing is GRANTED. The opinion, and related dissent, in the above-captioned matter filed on November 9, 2007, and published at 506 F.3d 1191, are WITHDRAWN. The superseding opinion and dissent shall be filed concurrently with this order. The parties shall have fourteen (14) days from entry of the superseding opinion to file petitions for rehearing or petitions for rehearing en banc in the above-captioned matter. OPINION GOULD, Circuit Judge:
We review an order of the district court granting summary judgment to 7-Eleven, Inc. in Jerry Doran’s suit under the Americans With Disabilities Act (”ADA”). We affirm the district court’s summary judgment on certain alleged ADA violations Doran encountered or of which he had personal knowledge. However, because the district court erred in concluding that Doran did not have standing to challenge other barriers related to his disability and identified in his expert’s site inspections, we partially vacate the district court’s order granting summary judgment, and we remand for further proceedings. I Doran is a paraplegic who uses a wheelchair for mobility and travels in a wheelchair-accessible minivan. Doran lives in . . .