Nicholas Malfitano Mar. 14, 2016, 1:06pm


PHILADELPHIA – Attorneys for a number of rowing organizations and the City of Philadelphia want a granting of summary judgment and the dismissal of claims brought by a woman who was allegedly injured in her volunteer work with those groups.

Defense counsel member John E. Tyrrell filed a motion for summary judgment on Jan. 13, seeking summary judgment and the dismissal of plaintiffs Mary C. Reynolds and Edward Reynolds’ claims with prejudice, based on Mary’s signing of an exculpatory release waiver.

Reynolds signed the waiver on April 24, 2013, which released the moving defendants of all claims and liability that could be brought against them, according to Tyrrell.

In Reynolds’ deposition taken on Sept. 16, Tyrell said she admitted signing the application and included release waiver, knew its completion was required to participate in her volunteer rowing activities, and had signed similar agreements from 2009 through 2012 – but did not read them.

According to Tyrrell, the release was valid and released the defendants from any damages arising from negligence, and therefore, Reynolds cannot bring suit.

A hearing in this matter was set for Thursday in Court chambers, at Philadelphia City Hall.

On June 3, 2013, Reynolds was working in her volunteer duties for the Pennsylvania Center for Adapted Sports, assisting disabled rowers in entering and exiting watercraft either before or after rowing on the Schuylkill River. Reynolds was pushing a wheelchair occupied by a disabled rower up a wooden wheelchair ramp to a boathouse on the premises of house No. 4, Boathouse Row.

Reynolds alleged a dangerous condition created by wetness, mold, mildew or the design of the ramp (and by definition, the defendants’ failure to prevent said condition) caused her to fall and be seriously injured. Reynolds asserted the defendants had a responsibility to provide safe ingress and egress to the boathouse from the dock positioned on the Schuylkill River.

In the process of securing medical treatment for all of her injuries, Reynolds asserted she incurred expenses of $179,602.73.

The plaintiffs filed suit against the Pennsylvania Center for Adapted Sports and the Pennsylvania Rowing Program for the Disabled, the Fairmount Commission and the City of Philadelphia, all based in Philadelphia, plus Disabled Sports USA in Rockville, Md.

Mary Reynolds is seeking damages in excess of $50,000, plus interest, costs and delay damages from all defendants in this case. Edward Reynolds also sues for loss of consortium, in an equal amount of damages.

The plaintiffs are represented by Daniel E. Bausher of Stevens & Lee, in Reading.

The defendants are represented by Tyrrell, Sean L. Corgan, Francis J. Grey Jr. and Patrick J. McStravick of Ricci Tyrrell Johnson & Grey, also in Philadelphia.

Philadelphia County Court of Common Pleas case 150203161

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com

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