Thursday, May 7, 2015

Summary Judgment Granted in Rocky Terrain Slip and Fall Matter

In his recent decision in the case of Giambalvo-Blaha v. CBH2O LP, PICS Case No. 15-0465 (C.P. Monroe Co. Jan. 16, 2015 Zulick, J.), the court ruled that a Defendant landowner, CBK Mountain Adventures was entitled to summary judgment in a slip and fall matter.  

According to the summary of the Opinion, the Plaintiff was injured as she slipped and fell on a rocky, hilly path that lead to an area of the premises where a zip line was offered.  

Judge Arthur L. Zulick
Monroe County
Judge Arthur L. Zulick noted that although the landowner had a duty of care to a business invitee that required the landowner to protect the invitee from foreseeable harm, a possessor of land was not liable to an invitee for physical harm caused by any condition on the land whose danger was known or obvious to the Plaintiff, unless the possessor of land should have anticipated the harm despite such knowledge or obviousness.  

In this matter, the court found that the danger was obvious when both the condition and the risk were apparent to and would be recognized by a reasonable visitor using normal perception, intelligence, and judgment.   The record in this matter established that the condition of the rocky and hilly path was obvious to a reasonably attentive guest.   The court also noted that pictures established that the Plaintiff could have avoided the areas of larger rocks if she had been uncertain of her footing.  

Since the court concluded that the Defendant landowner reasonably could have expected that its invitees would have recognized the dangers posed by the rocky surface and could have avoided stepping on loose or unstable stone, the landowner had no duty to protect the Plaintiff from the conditions that allegedly lead to her fall and injury.  Accordingly, summary judgment was entered.  

 I do not have a copy of this decision.  Anyone wishing to secure a copy of the same may contact the Pennsylvania Instant Case Service of the Pennsylvania Law Weekly at 1-800-276-7427 and pay a small fee.   

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