News & Notes

SUMMARY JUDGMENT GRANTED IN NEGLIGENCE CASE IN BERKS COUNTY ON BEHALF OF LOCAL COMMERICAL PROPERTY OWNER

Walsh Pancio Attorney Jason Edwards obtained summary judgment resulting in the dismissal with prejudice of a negligence suit in Berks County against a local commercial property owner.

Plaintiff’s negligence claims against the local commercial property owner arose from an alleged slip and fall on the hills and ridges of the uncleared, unshovelled, unremediated, and concealed ice in February 2019 on a sidewalk adjacent to the apartment complex owned by the local commercial property owner where she lived. Plaintiff sought extensive damages for her injuries.

Jason litigated this matter over several years. Jason extensively investigated Plaintiff’s claims against the local commercial property owner and established that that was no evidence to establish Plaintiff’s claims against the local commercial property owner. In fact, Plaintiff’s own deposition testimony assisted in establishing a defense under the Pennsylvania “hills and ridges” doctrine.

Jason filed a Motion for Summary Judgment on behalf of the client and argued that the local commercial property owner was not liable for Plaintiff’s injuries under the Pennsylvania “hills and ridges” doctrine which provides that, unless snow or ice has accumulated in ridges or elevations of such size and character as to unreasonably obstruct travel and constitute a danger to pedestrians, the property owner has no duty to remove the ice or snow.

Following oral argument in September 2022, the Court agreed with Jason’s arguments and granted the Motion for Summary Judgment dismissing with prejudice all claims against the client.