We Provide Representation in Pennsylvania
We Provide Representation in New York
We Provide Representation in New Jersey
We Provide Representation in Florida
We Provide Representation in West Virginia
We Provide Representation in Delaware
We Provide Representation in Maryland

MSZL&M Secures Appellate Victory After Obtaining Summary Judgment in
Philadelphia Personal Injury Case:

Automatic Doors Not Required in Commercial Establishments  

In Bellamy v. Wells Fargo Bank, N.A., the plaintiff fell in the entryway of a Wells Fargo Bank (“Wells Fargo”) branch on August 26, 2011 and claimed serious personal injuries. The plaintiff, who uses a walker to ambulate, alleged that Wells Fargo was required to have automatic doors at the premises.  At the close of discovery, MSZL&M partner, Louis Hockman, filed a Motion for Summary Judgment.  After Plaintiff opposed such Motion, Philadelphia Judge, Nina Wright Padilla, granted Summary Judgment. 

Plaintiff appealed to the Pennsylvania Superior Court, which, after briefing and oral argument, affirmed the trial court opinion holding that Plaintiff/Appellant “has not demonstrated that Wells Fargo had a legally recognizable duty to protect her from manual doors” and that she did “not demonstrate how Wells Fargo failed to exercise reasonable care under Section 343(c)” of the Restatement (Second) of Torts.  The Superior Court noted that if it accepted Plaintiff/Appellant’s argument, it “would effectively require all businesses to have automatic doors.” 

While Americans with Disabilities Act compliance is of great importance to retail establishments, in the absence of extraordinary factors, there is no requirement that automatic (“handicap friendly”) doors be installed in commercial businesses.  Finally, this case shows that in the appropriate matter, it is worthwhile to file a Motion for Summary Judgment.

Mintzer Sarowitz Zeris Ledva & Meyers L.L.P. publishes this site to provide general information regarding certain fields of law to our clients and friends. As every situation is unique and the facts and advice would vary with individual circumstances, the information contained on this site does not constitute legal advice. Transmittal of information from this site or any use of electronic mail is not intended to create or establish an attorney-client relationship between Mintzer Sarowitz Zeris Ledva & Meyers L.L.P. and anyone else. Do not send any information until you speak with one of our attorneys and receive authorization to do so. If any communication from this site is not in conformity with the rules and regulations of any state governing lawyer conduct, Mintzer Sarowitz Zeris Ledva & Meyers L.L.P. will not accept representation which is based on such communication.
Mintzer Sarowitz Zeris Ledva & Meyers L.L.P. has offices in Wilmington, DE, Philadelphia and Pittsburgh PA, Wheeling, WV, New York and Long Island NY, Cherry Hill NJ, Miami and Tampa, FL. None of the attorneys listed in this Web site are certified as an "expert" or "specialist" pursuant to any authority governing the practice of law in the State of New York.