Maurer v. Speedway, LLC #5487

In action alleging that plaintiff incurred personal injuries arising out of her fall on sidewalk near entrance into defendant’s gas station convenience store, Dist. Ct. did not err in denying plaintiff’s request to introduce into evidence municipal ordinance requiring defendant to maintain minimum width of 36 inches for wheel-chair accessible walkways into its store. Although plaintiff’s fall occurred in area of sidewalk that was only 24 inches in width due to store display that had intruded onto sidewalk, Dist. Ct. could properly find that said ordinance was irrelevant where: (1) instant complaint did not assert violation of said ordinance; (2) ordinance was only intended to protect individuals in wheelchairs; and (3) plaintiff did not belong to class of persons that ordinance was intended to protect. Ct. also observed that customers of reasonable prudence would have appreciated risk associated with traversing narrow walkway and would have taken measures to protect against such risk.