Monday, December 14, 2020

Summary Judgment Granted in Monroe County Slip and Fall Matter

 

In the case of Kelly v. Northampton County Area Comm. College, No. 965-CV-2019 (Monroe C.P. Nov. 5, 2020 Williamson, J.), the court granted summary judgment in a case where the Plaintiff alleged personal injuries from a slip and fall event following a snowstorm.

According to the court's Opinion, the Plaintiff was a student at the college.  After a snowstorm fell, classes were delayed the following day.  The Plaintiff was apparently not aware of the delay and showed up for class at 8 a.m.

It was noted that there were no other cars in the parking lot and there was snow removal work being completed on the walkways.  Nevertheless, the Plaintiff still ventured out of her car and began to shuffle through a walkway that was not cleared.  The Plaintiff then slipped and fell.

Judge Williamson reviewed the facts presented along with a video of the incident and, in the end, entered summary judgment.

The court ruled that the Defendant's actions in attempting to clear the snow were reasonable.  The court also found that the defense was entitled to summary judgment under the Hills and Ridges Doctrine as there was no evidence of any hills or ridges in the area in question.  

The court additionally found that summary judgment was warranted under a finding that the Plaintiff assumed the risk of slipping, falling, and being injured under the circumstances.

Anyone wishing to to review this decision may click this LINK

I send thanks to Attorney Jason Banonis of the Allentown office of Marshall, Dennehey for bringing this case to my attention.

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