David J. Rosenberg Wins Contentious Case on Summary Judgment in Mercer County, PA
July 30, 2019 07:49 AM
Weber Gallagher Partner David J. Rosenberg, who is a former member of the IADC Board of Directors and former President of the IADC Foundation Board of Directors won a contentious case on Summary Judgment in July in the Court of Common Pleas, Mercer County, PA, Civil Division.
The case came out of the tragic death of a twenty-month-old child who wandered into a neighbor’s yard. The child was able to gain entrance to an above ground swimming pool where she drowned on April 20, 2016. This suit was against the township building code inspector and his company based on the allegations of negligence surrounding the entrance gates to the pool area. He and his company provided this service to Coolspring Township in Mercer County, PA, because that is the location of the pool.
The client’s company provided services to Cool Spring Township, providing the duties of the Township’s building code official. Under state law, each municipality must have building officials. In many smaller municipalities they hire private companies and professionals such as Jeffrey Richardson to provide the services. David, who defended the case with Weber Gallagher Associate Meghan K. Adkins, argued that Richardson was immune, just as if he had been a direct employee of the Township, and as such was protected by governmental immunity. The Court agreed. Both Rosenberg and Adkins are based in the firm’s Pittsburgh office.