Attorney Candace N. Edgar wins jury trial for snow and ice contractor in negligence action involving alleged hills and ridges in parking area of power plant.

On July 10, 2019, TT&H Attorney Candace Edgar won a defense verdict for a snow and ice contractor following a three-day jury trial in the Berks County Court of Common Pleas.  The Plaintiff, a 60-year-old security guard working at a power plant, claimed that she injured her left shoulder after slipping and falling on ice that had been allowed to unreasonably accumulate around the vehicle used by the security guards to make their rounds of the property.  Plaintiff claimed that she did not see the ice because a fresh layer of snow covered it.  The defendant snow and ice contractor admitted to putting salt down around the security guard vehicle, but claimed it did so voluntarily, not because of any contractual obligation.  No dispute existed that the security vehicle was unmoved on the date of Plaintiff’s slip and fall, so the snow and ice contractor argued that, even if it had a contractual duty to plow and salt the area around the vehicle, it was extremely limited in what it could do with the vehicle still parked there.  After deliberating, the jury found no negligence on the part of the snow and ice contractor, but found both the power plant and Plaintiff negligent, apportioning 60 percent of the negligence to the power plant and 40 percent to Plaintiff.

Questions about this case can be directed to Candace Edgar, at (717) 237-7103 or cedgar@tthlaw.com.