In
the case of Rosatti v. McKinney Properties, Inc., No. 2017-0022 (C.P.
Centre Co. Jan. 22, 2019 Grine, J.), the court entered summary judgment in
favor of a Defendant and owner under the Hills and Ridges Doctrine.
According
to the Opinion, when the Plaintiff arrived at the property at around 4:00 p.m.,
freezing rain was falling outside. A
few hours later, when the Plaintiff decided to leave the premises at around
7:00 p.m., it was snowing with freezing rain.
The Plaintiff slipped and fell while leaving the property.
The
Defendant filed a Motion for Summary Judgment under the Hills and Ridges
Doctrine. After reviewing the factors
at issue under that doctrine, which required the Plaintiff to show that the
snow and ice had accumulated on the walkway in ridges or elevations in such
size and character as to unreasonably obstruct travel and constitute a danger
to pedestrian traveling thereon, the court entered summary judgment.
Judge
Grine also emphasized that under the prevailing case law “[A] landowner has no
obligation to correct the conditions until a reasonable time after the winter storm has ended.” Collins
v. Phila. Sub. Dev. Corp., 179 A.3d 69, 75 (Pa. Super. 2018) (emphasis
added in Rosatti).
The
court additionally noted that “[a] property owner does not have a duty to clear
ice or snow from walkways as soon as it forms or falls. Citing with “see” signal, Tucker v.
Bensalem Twp. School District, 987 A.2d 198, 203 (Pa. Cmwlth. 2009).
Anyone
wishing to review a copy of this decision may click this LINK.
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