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Court of Appeals Affirms Grant of Summary Judgment to Commercial Property Owner

January 18, 2008

Fred Valz represented a commercial property owner in an elevator malfunction case. The plaintiff, who was a paraplegic, claimed that he rolled his wheelchair into an elevator and that when he reached his desired floor, he backed out of the elevator. According to the plaintiff, he did not realize the elevator floor had stopped above the landing and, when he backed out of the elevator, his wheelchair fell out of the elevator. As a result, the plaintiff claimed he sustained severe personal injuries. Fred argued that the property owner was not liable because the elevator had been inspected the day prior to the incident and again on the morning of the incident during routine inspections. The inspections revealed no problems with the elevator. The trial court granted summary judgment to the property owner and the Court of Appeals affirmed finding that the property owner did not have superior knowledge of any problems with the elevator.

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For informational purposes only. Past success does not indicate the likelihood of success in future cases.