TT&H Attorney Joshua Bovender Wins Defense Award in Berks County Arbitration

Josh Bovender recently won a defense award in a personal injury action against a hardware store in Fleetwood, Pennsylvania.  The plaintiff alleged that he injured his foot while loading bags of top soil into his car.  He claimed that the foot injury occurred because he stepped in a large hole in the ground.  Josh’s client admitted that the business was aware there was a hole, and that it had previously placed a cone in the area, but acknowledged that did not have the cone out when the fall happened.  Josh argued that his client was nevertheless absolved from liability under the Restatement (Second) of Torts and its provisions relating to conditions that are open and obvious.  The Arbitrators agreed and summarily entered an award in favor of Josh’s client.

Questions about this case can be directed to Josh Bovender at (717) 237-7153 or jbovender@tthlaw.com.