Trial Court Judge Rules That Hills and Ridges Doctrine Does Not Apply To Falls That Occur under an Awning

In the case of Johnson v. Harris-Dent, No. 23-00,097 (C.P. Lyc. Co. July 8, 2024 Linhardt, J.), the court denied a Motion for Summary Judgment in a slip and fall case that occurred during a winter storm event.  The Plaintiff allegedly slipped on alleged black ice that was allegedly located on the top step of a homeowner's porch that was covered by an awning.

The court denied the motion based upon issues of fact. More specifically, the court noted that the Plaintiff had cited to the case of Heasley v. Carter Lumber, 843 A.2d 1274 (Pa. Super. 2004) for the proposition that the hills and ridges doctrine is not applicable where the incident occurred in an area that was covered by a roof or awning.

Judge Lindhart noted that, in the Heasley case, the Plaintiff’s slip and fall occurred while the Plaintiff was walking in a shed that had three walls, with the fourth side open, and an overhead roof with an awning extending from it. In that case, the Pennsylvania Superior Court held that the hills and ridges doctrine did not apply to a fall occurring inside an outdoor storage shed. 

In the Heasley case, the court reasoned that the hills and ridges doctrine was intended to protect property owners from an undue burden of ensuring that open spaces such as sidewalks and parking lots are constantly kept clear of snow and ice.  The court in Heasley found that the Defendant did not present anything that demonstrated that, keeping a structure, which is only partially open to the elements, free of snow and ice presented any burden at all, let alone an undue burden on its owners. The Heasley court also indicated that the extension of the hills and ridges doctrine to structures and/or other partially opened areas would raise many difficult questions. As such, the Pennsylvania Superior Court in the Heasley case declined to extend the application of the hills and ridges doctrine to an incident that occurred in a structure covered by a roof and/or an awning.

Judge Linhardt applied the Heasley case to this Johnson case in which the Plaintiff alleged that he fell on the top step of the Defendant’s covered porch which step was allegedly covered by an awning and on which was allegedly some black ice. Judge Linhardt noted that, under the current status of Pennsylvania law, if that allegation is proven, then it appeared that the hills and ridges doctrine would not be applicable to this litigation.

The court found that genuine issues of material fact must be resolved by the jury in this regard and that, therefore, the Motion for Summary Judgment was denied.

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Source of image:  Photo by Jay Wennington on www.unspash.com.