Thursday, November 9, 2023

Defendants Holding Estate Sale Owed No Duties To Motorists Involved in Motor Vehicle Accident

In the case of Kistler v. Dietrich, No. 1694 MDA 2022 (Pa. Super. Sept. 22, 2023 Panella, J. Stevens, P.J.E., Murray, J.) (Op. by Murray, J.), the Pennsylvania Superior Court held, in a motor vehicle accident case, that the trial court properly dismissed the Plaintiff’s negligence action against Defendants who were conducting an estate sale on their property after finding that the Defendants did not owe any duty to the Plaintiff to direct traffic on the road or to restrict legal, on-street parking.

According to the Opinion, the Plaintiff alleged that he was injured in an accident while riding his motorcycle near the Defendant’s residence at the time of an estate sale. The Plaintiff alleged that many members of the public were attending the sale and had parked on the side of the road and had thereby allegedly created visual limitations and deficiencies for motorists in the area. The Plaintiff asserted that the Defendants had acted negligently in creating an unreasonable risk of harm for motorists in the area.

After discovery was completed, the Defendants filed a Motion for Summary Judgment asserting that the Plaintiff had failed to show that the Defendants owed any duty to the Plaintiff.  The Defendants asserted that they owed no duty to the Plaintiff to direct traffic. The Defendants additionally asserted that they had no duty to provide off-street parking for the sale. The Defendants otherwise noted that, in any event, parking was permitted on both sides of the street in the area of their property.

The Defendants additionally asserted that the Plaintiff did not attend the sale and there was no evidence that anyone connected to the accident attended the sale.

As noted, the court affirmed the trial court’s entry of summary judgment.

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

Source: “Digest of Recent Opinions.” Pennsylvania Law Weekly (Oct. 10, 2023).

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.