TT&H Attorneys Jim Pyrah and Sam Dunlop Win Summary Judgment in Monroe County Slip and Fall Case Where Plaintiff Assumed the Risk by Encountering an Open and Obvious Condition

TT&H Attorneys Jim Pyrah and Sam Dunlop recently won summary judgment in a Monroe County slip and fall case.  The Plaintiff claimed that as a result of a slip and fall on snow and ice in Stroudsburg, Pennsylvania, she suffered fractures of the left tibia and right shoulder, both requiring open reduction and internal fixation surgery.  She brought suit against the snow removal contractor and property owner, claiming negligence.

Deposition testimony revealed that Plaintiff was aware of “slushy and snowy” conditions around the curb area and handicap ramp in front of the subject property.  Nonetheless, Plaintiff decided to step over a four (4) inch high snow pile along the curb, while using a parking meter to steady herself.  Before doing so, Plaintiff failed to check the conditions of nearby crosswalks.  Plaintiff claimed that while she was in front of the parking meter, she lost her footing and “went down.”  Notably, the sidewalk in front of the area where Plaintiff fell was clear.

In ruling on Motions for summary judgment filed on behalf of the snow removal contractor and Co-Defendant property owner, Judge David Williamson noted “there is no possibility that a jury could find that Plaintiff had not assumed the risk of an open and obvious hazard.”  In granting summary judgment on behalf of both Defendants, Judge Williamson also noted that Plaintiff had sufficient awareness of the snowy conditions, and that she failed to make an effort to find a safer area to enter the sidewalk.  In conclusion, Judge Williamson found that “Plaintiff assumed an open and obvious risk when she attempted to gain access to a side walk in front of the Property by crossing over a small, visible snow mound[.]”

Questions about this case can be directed to Jim Pyrah, at (570) 825-2960 ext. 8602 or jpyrah@tthlaw.com, or to Sam Dunlop at (412) 926-1432 or sdunlop@tthlaw.com.