CHARLESTON – An attorney is suing Go-Mart after he claims it violated the Americans with Disabilities Act and caused him injuries.
Duane J. Ruggier II is diagnosed with multiple sclerosis, which substantially limits his ability to walk and/or stand and requires him to use a power wheelchair when traveling about in public, according to a complaint filed Feb. 19 in Kanawha Circuit Court and removed to federal court on March 20.
Ruggier – who is an attorney with Pullin, Fowler, Flanagan, Brown & Poe – claims on Sept. 24 he visited the Go-Mart in Summersville and used the restroom offered to the public and customers of the gas station.
The defendant failed to maintain its restroom stall in compliance with the West Virginia Human Rights Act and the Americans with Disabilities Act, according to the suit.
Ruggier claims the defendant installed a toilet paper dispenser immediately above the grab bar adjacent to the toilet, rendering the grab bar impossible or impractical to use by a disabled person such as himself.
As a direct and proximate result of the defendant's failure to comply with the West Virginia Human Rights Act and the Americans with Disabilities Act, he was not able to exit the restroom stall and fell to the floor in his attempt to do so, according to the suit.
Ruggier claims Go-Mart committed unlawful discriminatory practices by refusing, withholding from or denying him because of his disability, either directly or indirectly, the accommodations, advantages, facilities, privileges or services of the Go-Mart establishment.
Ruggier is seeking compensatory damages with pre- and post-judgment interest. He is being represented by Thomas H. Peyton of Peyton Law Firm.
The case is assigned to District Judge Joseph R. Goodwin.
U.S. District Court for the Southern District of West Virginia case number: 2:15-cv-03410