Issues of Fact On Whether Condition That Caused Slip and Fall Was Open and Obvious Results in Reversal of Entry of Summary Judgment

In its Non-Precedential decision of Robinson v. Seven Springs Mountain Resort, No. 313 WDA 2023 (Pa. Super. June 12, 2024 Bowes, J, Kunselman, J., and Murray, J.) (Op. by Bowes, J.), the Pennsylvania Superior Court reversed the trial court’s entry of summary judgment in a trip and fall matter.

According to the Opinion, the Plaintiff was involved in playing a disc golf (golf with a frisbee) at the time of the incident.  She slipped and fell on a steep slope that had gravel on it and sustained a fractured ankle.

The trial court granted summary judgment after noting that the natural condition at issue was known and obvious since the Plaintiff knew she was walking down a steep slope with patches of rocky and loose dirt when she fell.  The trial court had ruled that the defendant landowner did not owe any duty to protect the Plaintiff from the natural conditions of the terrain that led to the Plaintiff's fall.

On appeal, the Pennsylvania Superior Court ruled that there were issus of fact as to whether the conditions at issue were open and obvious.  

The Court also noted that, even if the condition on the Defendant’s playing field that cause the Plaintiff’s fall was an open and obvious condition, the Defendant was not relieved of its duty of care when it had reason to expect that the invitee’s attention might be distracted.  Here, the appellate court noted that the Plaintiff's attention could have been distracted while playing disc golf.

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

I send thanks to Attorney James M. Beck of the Philadelphia office of the Reed Smith law firm for bringing this case to my attention.

Source of image:  Photo by Priscilla Du Preez on www.pexels.com.