Friday, March 13, 2015

Lease Terms and Hills and Ridges Addressed in Lycoming County Parking Lot Slip and Fall Case

Judge Richard Gray of the Lycoming County Court of Common Pleas recently addressed the Hills and Ridges Doctrine in the case of Gamble v. Beck, PICS Case No. 15-0269 (C.P. Lycoming Jan. 6, 2015 Gray, J.).  

After reviewing the case before him, Judge Gray granted summary judgment in favor of a tenant Defendant in a parking lot slip and fall case.  

Judge Richard Gray
Lycoming County
Judge Gray stated that the store owner owed no duty to its customer who slipped on a patch of ice in the parking lot since the lease between the landlord and the tenant provided that the landlord was responsible for outside maintenance.  

Judge Gray further indicated in his decision that the landlord’s liability was not precluded by the Hills and Ridges Doctrine.  In this regard, the Plaintiff provided evidence that it was sunny on the day of her fall and that there had been no precipitation for the 34 hours leading up to the incident.  The Plaintiff additionally established that she fell on a distinct patch of ice, as opposed to generally slippery conditions in the community.  Accordingly, Judge Gray found that the Hills and Ridges Doctrine did not apply.  

Anyone wishing to review this decision may click this LINK.

I send thanks to Attorney Anthony J. Gabriel of the Harrisburg, PA office of Thomas, Thomas & Hafer as well as Attorney Jaime S. Bumbarger of the State College, PA law firm of McQuaide Blasko, Inc. for providing me with a copy of the same.

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