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Lewis v. B&R;Corp.9/7/2001
ing into the river. Therefore, whether expressed in terms of duty or causation, B&R;was entitled to judgment on the legal theory of premises liability.
Lewis also refers to several regulations under the ADA dealing with the design of parking spaces and accessibility to public buildings by handicapped individuals. She contends the handicapped parking spaces at Save-A-Lot did not comply with the guidelines with respect to an adequate access aisle, accessible route, accessible space, running slope, location of parking spaces, parking spaces and surface slope. This claim appears to be based on a negligence per se theory of liability.
Lewis's reliance on the ADA Accessibility Guidelines is misplaced. Even assuming the handicapped parking spaces at the Save-A-Lot store did not comply with the Guidelines, Lewis has not explained how any violation contributed in any way to the accident. As described above, Brenda Helton died as a result of her vehicle traveling some 140 feet from the store into the Cumberland River. The Guidelines deal with accessibility of handicapped patrons to a public building. Helton's injury did not involve any condition related to the Guidelines. Consequently, Lewis has shown neither that the ADA Guidelines were intended to prevent the type of occurrence that resulted in Helton's death nor that any violation of the Guidelines was a substantial factor in causing the death. Lewis has submitted no evidence indicating that she could establish a negligence per se claim.
In conclusion, the circuit court correctly determined that no genuine issue of material fact was in dispute and that B&R;Corporation was entitled to judgment as a matter of law under either premises liability or negligence per se.
The judgment is affirmed.
ALL CONCUR.
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