Judgment for Blind Plaintiff in Website Disability Case
California court grants first-ever summary judgment in website access lawsuit
SAN BERNARDINO, Calif., March 25, 2016 /PRNewswire/ -- A California Judge has granted summary judgment to a visually-impaired plaintiff who was unable to access the website of luggage retailer Colorado Bag'n & Baggage.
Plaintiff Edward Davis filed suit in 2015 (case #CIBDS1504682), claiming that he was unable to access the Colorado Bag'n & Baggage website because the content on the website was not accessible to blind individuals. Judge Brian F. Foster agreed and issued judgment in favor of Davis, ruling "Plaintiff presented sufficient evidence that he was denied full and equal enjoyment of the goods, services, privileges, and accommodations offered by Defendant because of his disability." The Judge also awarded Davis $4,000.00 in damages. The ruling, believed to be the first-ever summary judgment in favor of a visually-impaired Plaintiff claiming that a website violates the Americans with Disabilities Act, also entitles Davis to recover his attorneys' fees.
Davis' attorney, Victoria Knowles of the Newport Trial Group, lauded the decision: "We are very grateful that the Court agreed that corporate websites must be accessible to individuals with disabilities. This ruling will have implications far and wide." Added Newport Trial Group's Managing Partner David Reid: "We are fortunate that we continue to do well by doing good."
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SOURCE Newport Trial Group