Friday, February 5, 2016

Summary Judgment Granted In Slip and Fall Case Based Upon Assumption of Risk Defense

In the recent decision of Denzel v. Fed. Cleaning Contractors, Inc., PICS Case No. 16-0056 (C.P. Lehigh Co. Oct. 22, 2015 Varricchio, J.), the Lehigh County Court of Common Pleas ruled that, while Defendant-mall owners and managers owed the Plaintiff a duty to exercise reasonable care to protect the Plaintiff from conditions that were known or discoverable to the Plaintiff, the Plaintiff was found to have assumed the risk of her injury by knowingly and voluntarily walking over the patches of snow and ice.  As such, the court found that Defendants’ duty to the Plaintiff was discharged and that the Plaintiff could not establish negligence.   Accordingly, the Defendants’ Motion for Summary Judgment was granted.  

Tort Talkers may recall that the Pennsylvania Superior Court previously issued a decision on October 9, 2015 in the same case confirming that the trial court may enter summary judgment in favor of a Defendant in a slip and fall case based upon the assumption of risk defense.   To view that Tort Talk entry, click HERE.

 To review the more recent trial court Opinion from October 22, 2015 in the Denzel case, please call the Pennsylvania Instant Case Service of the Pennsylvania Law Weekly at 1-800-276-7427 and provide the above-referenced PICS Case No. and pay a small fee.  

To view other Assumption of Risk decisions, please go to Tort Talk at www.TortTalk.com and scroll all the way down the right hand blue column until you get to the "Labels" section and click on the Label for 'Assumption of Risk.'
 
 
 

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