
MOODK Attorney John Borelli, Esquire obtained summary judgment in a Philadelphia premises liability matter. Plaintiff, who was paralyzed from the waist down, alleged he fractured his ankle as he attempted to enter a building owned by MOODK’s client, which the client rented to the Co-Defendant, who operated a gun store on the property. Plaintiff, who was confined to a wheelchair arrived at the property with a friend. Plaintiff’s friend pulled Plaintiff’s wheelchair up a set of steps so they could enter the building. Plaintiff alleged that while his friend was pulling him up the steps, Plaintiff’s foot became caught in a railing resulting in his ankle fracture. Plaintiff alleged that the property violated the ADA because it did not have an entrance that was accessible for people with disabilities. Plaintiff further contended that MOODK’s client and the Co-Defendant failed to maintain the property and permitted a dangerous condition to exist. Through written discovery and depositions, MOODK was able to show that Plaintiff could not prove that his alleged injury occurred because of his ankle getting caught in the railing. Further, through MOODK’s expert, they were able to show that the building met all applicable building codes and that the entrance did not violate the ADA.
