TT&H Attorneys Rebecca Sember-Izsak and Brook T. Dirlam win appeal, affirming the Trial Court’s dismissal of Plaintiff’s Complaint.

On June 1, 2021, the Pennsylvania Superior Court affirmed the dismissal of a negligence action against Rebecca and Brook’s client.  The suit claimed that Plaintiff was injured after tripping over a flatbed cart being used for strawberries.  After getting Plaintiff to admit at deposition that he knew of the cart’s presence, and even smelled the strawberries on the cart, Rebecca and Brook successfully won summary judgment on the basis that the cart was open and obvious and could have been avoided by Plaintiff.  Plaintiff appealed and the Pennsylvania Superior Court affirmed the dismissal of the case.  A more thorough synopsis of the decision can be found in the firm’s July 2021 liability eNotes.

Questions about this case can be directed to Rebecca Sember-Izsak at (412) 926-1446 or resember@tthlaw.com, or to Brook Dirlam at (412) 926-1438 or bdirlam@tthlaw.com.