Castelan v. Universal Studios, Inc., U.S. D. C. Cal 2014, Lexis 9092

ADA questions addressed and case dismissed even though amusement ride was not accessible but followed manufacturer’s operating instructions.

Two plaintiffs sued Universal Studios when they were denied access to a roller coaster because of their amputations. Summary Judgment was granted to the defendant when it was demonstrated that the restrictions on the ride were pursuant to the requirements of the manufacturer’s operating instructions. The defendant was under no duty to modify the ride when compliance with the operator instructions was required by state law and the manufacturer had operator instructions, which detailed the position of certain body parts for safety.

Case Law Alerts, 4th Quarter, October 2014