Wednesday, August 9, 2017

Landlord Secures Summary Judgment In Slip and Fall Case Where Court Found Duties Owed by Tenant

In a recent decision by the Pennsylvania Commonwealth Court in the case of Stuski v. Philadelphia Auth. 4 Indev., No. 1979 C.D. 2016 (Pa. Cmwlth. May 25, 2017 Covey, J.), summary judgment was affirmed in favor of a landlord Defendant in a slip and fall matter.  

The court ruled that the tenant and not the landlord had the duty to remove snow and ice from the premises where the tenant had exclusive control over the premises where the slip and fall occurred.  The court additionally noted that the tenant was obligated under the lease to perform snow and ice removal and had taken actual responsibility for that task.  

As such, the entry of summary judgment by the trial court was affirmed.  

 Anyone wishing to review a copy of this case may click HERE.

 

Source:  “Digest of Recent Opinions,” Pennsylvania Law Weekly (June 20, 2017).  


 

No comments:

Post a Comment