FILED
United States Court of Appeals
Tenth Circuit
October 23, 2012
UNITED STATES COURT OF APPEALSElisabeth A. Shumaker
Clerk of Court
TENTH CIRCUIT
MARJORIE A. CREAMER,
Plaintiff–Appellant,
v. No. 12-3127
(D.C. No. 5:11-CV-04110-RDR-KGG)
ESIS CLAIMS UNIT; ANNETTE (D. Kansas)
RIGDON,
Defendants–Appellees.
ORDER AND JUDGMENT*
Before BRISCOE, Chief Judge, McKAY and HOLMES, Circuit Judges.
After examining the briefs and the appellate record, this panel has determined
unanimously that oral argument would not materially assist in the determination of this
appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). This case is therefore ordered
submitted without oral argument.
Plaintiff Marjorie Creamer, proceeding pro se, appeals the district court’s dismissal
of her complaint. The district court concluded Plaintiff had failed to plead sufficient facts
to support her product liability and Americans with Disabilities Act claims.
*
This order and judgment is not binding precedent, except under the doctrines of
law of the case, res judicata, and collateral estoppel. It may be cited, however, for its
persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1.
Plaintiff appears to raise two issues on appeal. First, she argues her complaint
contained sufficient facts to support her claim for violation of the Americans with
Disabilities Act. In support of this argument, Plaintiff asserts that Defendants stopped
communications with her because of her disability which existed before the accident at
issue. Second, Plaintiff argues her complaint contained sufficient facts to support her
product liability claim. In support of this argument, Plaintiff asserts that Defendants
failed to notify her of the steering motor defect with her vehicle before the accident at
issue which occurred several months before the steering motor was recalled. She
additionally asserts that the fact she had purchased her vehicle new only four years before
the accident demonstrates Defendants waited too long to inform her of the defect.
After a through review of the briefs and the appellate record, and having carefully
considered Plaintiff’s arguments on appeal, we agree with the district court’s analysis.
Therefore, for substantially the same reasons given by the district court, we AFFIRM the
dismissal of Plaintiff’s complaint. We note the district court granted Plaintiff’s motion to
proceed in forma pauperis.
Entered for the Court
Monroe G. McKay
Circuit Judge
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