Chandler v. Arizona Partners Retail Investment Group LLC
Chandler v. Arizona Partners Retail Investment Group LLC
Opinion of the Court
MEMORANDUM
Plaintiff Kathleen Chandler appeals the district court’s judgment in favor of defendant Arizona Partners Retail Investment Group, LLC, following a jury trial on her negligence claim. Chandler also appeals the pretrial dismissal of her negligence per se claim. We have jurisdiction under 28 U.S.C. § 1291, and affirm.
The district court did not err in dismissing Chandler’s negligence per se claim. California has codified the common law rule on negligence per se, which allows a defendant’s violation of a statuté or regulation to create a presumption of negligence only if, inter alia, the “injury resulted from an occurrence of the nature which the statute ... or regulation was designed to prevent-” Cal.Evid.Code § 669(a)(3). Because the requirement set forth in the implementing regulations of the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101 et seq., that “[b]uilt-up curb ramps shall be located so that they do not project into vehicular traffic lanes,” 28 C.F.R. § 36, Appendix A, § 4.7.6, was not designed to protect against an occurrence such as the one at issue here, Chandler’s negligence per se claim fails as a matter of law.
Finally, because, as discussed above, Chandler’s negligence per se claim fails as a matter of law, she was not entitled to a jury instruction on negligence per se. See Akins v. County of Sonoma, 67 Cal.2d 185, 60 Cal.Rptr. 499, 430 P.2d 57, 61-62 (1967).
The judgment of the district court is AFFIRMED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
. Because the parties are familiar with the factual and procedural background, we recite it here only so far as is necessary to aid in understanding this disposition.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.