Court Holds That Landlord Was Properly Included

Court Holds That Landlord Was Properly Included in a Complaint Arising From an Americans With Disabilities Act Violation

In Rush v. Sport Chalet, Inc., the Ninth Circuit Court of Appeals found that a landlord was properly included in a lawsuit arising out of an alleged violation of the Americans With Disabilities Act (“ADA”). In Rush, plaintiff was wheelchair bound and encountered various obstacles and barriers, which interfered with her access to three retail stores in a shopping mall. She filed sue against the retailers, as well as the landlord, under the ADA. She settled her claims against one retailer and then filed a notice of dismissal as to that defendant only. The court then severed and dismissed, without prejudice, plaintiff’s claims as to the landlord and remaining two retailers, finding that the various defendants were improperly joined due to plaintiff’s failure to allege her injuries arose out of the same transaction, occurrence or series of transactions. The court of appeal reversed, finding that the landlord was properly joined with the retailer.

Shannon B. Jones, Partner,