Wednesday, October 12, 2016

Failure To Specify Location of Fall Leads to Summary Judgment

In the case of White v. Seherlis, August Term 2014, No. 2511 (C.P. Phila. Co. July 8, 2016 Sarmina, J.), the court entered summary judgment in favor of a Defendant in a case in which the Plaintiff failed to precisely designate the location where she allegedly slip and fell on an allegedly icy, unshoveled sidewalk.  

The court noted in its Opinion that, at trial, the Plaintiff gave slightly conflicting testimony as to the exact location, which raised questions for the jury as to whether the location of the fall was on the Defendant’s property or the property at some other entity.  Although the jury found the Defendants negligent in general, they ruled that the Plaintiff failed to meet her burden of proving the location.  

In this Opinion, the trial court was recommending to the Superior Court that its findings on the Plaintiff's Post-Trial Motions be upheld on appeal. 
 

Anyone wishing to review a copy of this Opinion may click this LINK.

 

Source:   “Instant Case Digest,” Pennsylvania Law Weekly (September 2, 2016).

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