Plaintiff Lost In More Ways Than One: Summary Judgment Granted Where Plaintiff Ventured Onto the Property By Mistake and Fell

In its unpublished decision in the case of DeWitt v. Bedford County Airport Auth., No. 1345 C.D. 2024 (Pa. Cmwlth. Nov. 10, 2025 Wolf, J., Jubelirer, J., and Wojcik, J.) (Op. by Wolf, J.) (unpublished), the Commonwealth Court affirmed the entry of summary judgment in favor of the Defendant after finding that the record confirmed that the Plaintiff, at the time of his premises liability accident, was a trespasser and not a business invitee.

According to the Opinion, the Plaintiff was traveling to a house to take a look at a trailer he was thinking of buying from the owner.  The Plaintiff followed GPS directions via the Google Maps app but ended up unkowningly going to the wrong address. The record confirmed that the Plaintiff was only on the property by mistake at the time he slipped and fell on an icy condition.

After discovery, the Defendant homeowners filed a Motion for Summary Judgment asserting that the Plaintiff was a trespasser and that, therefore, the homeowners legally did not owe the Plaintiff any duty with respect to the icy condition.

The trial court entered summary judgment and the Commonwealth Court affirmed.

In its Opinion, the Commonwealth Court noted that, even if the Plaintiff had license to ask for direction while on the property, the Plaintiff was injured after he went to a second location deeper into the land owned by the landowner, further trespassing on the property.

The court stated a rule of law that a mistake by an entrant onto another’s land as to their status or permission enter the land does not relieve such entrant of a trespasser status.  See Op. at 5 citing Restatement (Second) of Torts § 329 [other citations omitted].

The appellate court noted that the implied license doctrine does not extend to premises liability actions.

Anyone wishing to review a copy of this decision, which the Commonwealth Court marked as an "Opinion Not Reported," may click this LINK.


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

Source of image:  Photo by Tamas Tuzes-Katai on www.unsplash.com.