Wednesday, July 5, 2023

Summary Judgment Granted Based on Hills and Ridges Doctrine

In the case of Irvin v. Wegmans Food Market, Inc., No. CV-21-00360 (C.P. Lyc. Co. April 11, 2023 Lindhardt, J.), the court granted a Defendant store’s Motion for Summary Judgment in a slip and fall case.

The court’s decision in this matter was based, in part, on the hills and ridges doctrine.

After reviewing the elements of the hills and ridges doctrine, the court found that certified weather records and video footage established the general wintry conditions that existed at the Plaintiff’s location at the time of the incident.

The court rejected the Plaintiff’s argument that the precise location of the Plaintiff’s heel at the time of the incident was a material issue in determining liability in this case.  The court noted that the evidence showed the the Plaintiff's lead foot as he was walking was in the area of the alleged wintry conditions at the time he fell.

Overall, the court found that the Plaintiff failed to produce evidence to get beyond the hills and ridges doctrine.

As such, summary judgment was entered in favor of the store.

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

Source: “Digest of Recent Opinions.” Pennsylvania Law Weekly (June 6, 2023).

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