Chris Kohler v. Midway Land

FILED
NOT FOR PUBLICATION FEB 09 2015
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
CHRIS KOHLER, No. 13-55759
Plaintiff - Appellant, D.C. No. 3:12-cv-00148-JM-
WMC
v.
MIDWAY LAND, LLC and SEA MEMORANDUM*
FINANCIAL, INC.,
Defendants - Appellees.
Appeal from the United States District Court
for the Southern District of California
Jeffrey T. Miller, Senior District Judge, Presiding
Argued and Submitted February 3, 2015
Pasadena California
Before: REINHARDT and GOULD, Circuit Judges, and MOTZ, Senior District
Judge.**
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The Honorable J. Frederick Motz, Senior District Judge for the U.S.
District Court for the District of Maryland, sitting by designation.
1
In this case, brought under the ADA, the district court granted summary
judgment to the defendants. It concluded that although “there would be a material
issue of fact with respect to the slope of the areas challenged by Plaintiff because
[Plaintiff’s and Defendants’ witnesses, both of whom made measurements after
remediation had purportedly occurred,] reach contrary conclusions,” Kohler’s
witness had not demonstrated his qualifications to serve as an expert witness;
therefore, it refused to consider his declaration.
Subsequently, we held in Strong v. Valdez Fine Foods, 724 F.3d 1042 (9th
Cir. 2013), that a disabled plaintiff complaining of precisely the same barrier –
excessive slopes in a parking lot – was not required to offer expert evidence or
precise measurements to survive summary judgment. We therefore vacate the
portion of the district court’s judgment challenged on appeal and remand this case
for reconsideration in light of Strong.1
VACATED and REMANDED.
Costs awarded to Kohler.
1
We also conclude that the allegations in Kohler’s complaint and declaration
are sufficient to establish standing under Chapman v. Pier 1 Imports (U.S.) Inc.,
631 F.3d 939 (9th Cir. 2011) (en banc).
2