Monday, June 26, 2017

Summary Judgment Based Upon Hills and Ridges Doctrine Denied

In the Lycoming County Court of Common Pleas case of Holtzapple v. Dunkleburger, No. 15-1666 (C.P. Lycoming Co. March 15, 2017 Gray, J.), Judge Richard A. Gray of the Lycoming County Court of Common Pleas denied a Defendant’s Motion based upon the Hills and Ridges Doctrine.  

According to the Opinion, the Plaintiff slipped and fell on ice outside of a cafĂ© on his way into the establishment.   It was not snowing at the time of the incident, but a light dusting of snow was on the ground.  

The court held that the Hills and Ridges Doctrine did not apply because the Plaintiff allegedly fell on a localized patch of black ice.   The court additionally noted that it was sunny and not snowing at the time of the incident such that there were not generally slippery conditions existing at the time of the incident was required by the application of the Hills and Ridges Doctrine.

As such, the court found that a material issue of fact existed as to whether or not the Defendant had actual constructive knowledge of the condition of the premises.    

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

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