Blind student's suit hits a snag

A lawsuit filed by a blind University law student who fell down an uncovered subway ventilation shaft last year has hit an unusual snag. Nobody agrees on who actually owns the street the accident occurred on and everybody is trying to prove they don't. In a suit filed in Common Pleas Court last March, the student, Gerald Jeandron, charged that both the University and the Southeastern Pennsylvania Transportation Authority were aware that a grate was missing from the sidewalk adjacent to Graduate Tower A on South 36th Street. The suit also claims that neither took adequate steps to cover the grate or to protect passersbys. The University has denied responsibility for the accident, saying they notified SEPTA when they received reports of the missing grate, originally saying that only SEPTA -- if anyone -- should be found liable. In a new motion, the University claims the shaft was built and is owned by the city and leased to SEPTA. The University claims that they contacted the city's Department of Records, and that the department reported having "absolutely no information" regarding the ownership of the street or sidewalk. The University has also sought to have the city added as a defendant, claiming the city has "some undefined level of authority and control over the use of the street," and may be liable because the city designed and built the shaft. The University is also now claiming the city may be liable because it could be determined to be the owner of the street and sidewalk. The accident occurred on September 16, 1991 as Jeandron was walking to classes at the Law School. The suit claims the partial barricade that had been erected around the missing grate actually led Jeandron, who was feeling his way with the aid of a cane, directly into the shaft. As a result of his fall, the suit claims Jeandron suffered severe injuries, including injuries to his left wrist and elbow. The suit charges that these injuries may permanently affect his ability to read and write in Braille, may delay his graduation, and may cause "an impairment of earning capacity."