Monday, May 30, 2022

Summary Judgment Granted in Slip and Fall Case Where Plaintiff Fell on Grass and While It Was Still Snowing

In the case of Mertira v. Camelback Lodge & Indoor Waterpark, No. 2031-Civil-2021 (C.P. Monroe Co. March 30, 2022 Williamson, J.), the court granted the Defendant’s Motion for Summary Judgment in a winter slip and fall case.

In this matter, the Plaintiff alleged that the Defendants were negligent in allowing ice and snow to remain on their property, which allegedly caused the Plaintiff to slip and fall and become injured.

Of note, the court stated that the record confirmed that there was no dispute between the parties that freezing rain and/or snow was falling as the Plaintiff entered the premises, while the Plaintiff and her family dined within the premises, and for several hours even after the Plaintiff fell.

The court also noted that, as the Plaintiff and her family left the restaurant, they chose to walk on a grassy strip and not on a sidewalk or parking lot surface.

After applying the hills and ridges doctrine, the court stated that none of the Plaintiffs or the witnesses identified any hill or ridge formed by ice or snow. The court also reiterated that it was precipitating the entire time that the Plaintiff was on the premises, including several hours after she fell.

The court also emphasized the rule of law that a property owner has no obligation to correct snow and ice conditions until a reasonable time after a winter storm has ended.

The court additionally noted that there is no duty on a property owner to clear snow or ice from grassy areas as they are not intended to be traversed by pedestrians.

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

Source: “Digest of Recent Opinions.” Pennsylvania Law Weekly (May 18, 2022).

Source of image:  Photo by Craig Whitehead on

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