Ely v. Shirley's Barbecue, Inc.

By Judge Clifford R. WEckstein

The plaintiff, Frederick F. Ely, has brought two successive actions against the defendant, Shirley’s Barbecue, Inc., t/a Second Alarm, Inc., alleging that he was injured on November 24, 1989, in a fall from a “handicap ramp” at defendant’s place of business.

The plaintiff’s first motion for judgment was filed on November 22, 1991. In that pleading, the plaintiff alleged, inter alia, that “said defendant was negligent in failing to recognize the danger that then and there existed, in failing to repair and/or maintain said ramp in good repair and/or condition, and…