Wheelchair-bound school visitor who was injured when his wheelchair tipped while rolling over a speed bump in high school parking lot brought action against parish school board for negligence and violation of the ADA. The Nineteenth Judicial District Court awarded summary judgment to school board on the ADA claim, and designated its judgment as final for purposes of appeal. Visitor appealed.
The Court of Appeal held that school board did not intentionally discriminate against visitor, as necessary to support compensatory damages under the ADA.
Even if placement of the speed bumps violated an ADA guideline, nothing suggested that school board was aware of any such violation, there had been no prior accidents similar to that suffered by visitor, and school board set about removing the speed bumps after visitor’s accident.