CHARLESTON - A Hurricane resident is suing over claims Walmart violated the Americans with Disabilities Act.

Duane J. Ruggier II filed a lawsuit Oct. 24 in U.S. District Court for the Southern District of West Virginia at Huntington against Wal-Mart Stores East LP, citing the Americans With Disabilities Act and West Virginia statutes.

The plaintiff states he is physically disabled and must use a power wheelchair.

In September, the plaintiff visited the Walmart in Hurricane and encountered barriers, he says. Specifically, he was unable to easily use full-size shopping carts and the defendant refused to provide shopping baskets, according to the complaint.

The plaintiff contends the defendant's refusal to provide shopping baskets significantly interferes with the physically disabled's ability to access the facility and is in violation of state and federal law.

Ruggier is seeking an undetermined amount of relief, including injunctive relief and punitive damages. The plaintiff is being represented by Nitro attorney Thomas H. Peyton of Peyton Law Firm PLLC.

United States District Court for the Southern District of West Virginia Case No. 3:13-cv-26640

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