Marc Sposato of MOODK’s Delaware office obtained an early dismissal for his client, a volunteer fire department, in an action alleging negligence arising out of the rescue of passengers in a trapped elevator.  Plaintiff alleged that the fire department, while evacuating passengers trapped in an elevator, failed to maintain the elevators and premises in a reasonable and safe condition and to take reasonable steps to make the premises safe, causing Plaintiff to fall and suffer injury. Plaintiff sought recovery for past and future medical expenses, lost wages, pain and suffering, and punitive damages.  MOODK filed a motion to dismiss, arguing that the fire department was immune from negligence claims pursuant to Delaware’s Municipal Tort Claims Act, for actions taken during the rescue of passengers.  The fire department was dismissed from the action