Gamble v. Beck

44 Pa. D. & C.5th 160
CourtPennsylvania Court of Common Pleas, Lycoming County
DecidedJanuary 6, 2015
DocketNo. 13-02,818
StatusPublished

This text of 44 Pa. D. & C.5th 160 (Gamble v. Beck) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Lycoming County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gamble v. Beck, 44 Pa. D. & C.5th 160 (Pa. Super. Ct. 2015).

Opinion

GRAY, J.,

Before the court are two motions for summary judgment filed in a personal injury case involving a slip and fall on a patch of ice in a parking lot. On October 15, 2014, defendant Tyndale Enterprises, Inc. (Tyndale) filed a motion for summary judgment, contending that it does not owe a duty to plaintiffs for conditions in the parking lot. On November 10, 2014, defendants, Dennis P. Beck and Christine A. Beck, filed a motion for summary judgment contending no liability pursuant to the hills and ridges doctrine. Argument was held on November 26, 2014. Although argument on the Beck’s motion was scheduled for December 30, 2014, the parties agreed to argue both motions on November 26, 2014. The parties submitted supplemental briefs and the matter is ripe for a decision.

Factual Background

On December26,2012, upon exiting her vehicle, Lenora Gamble slipped and fell on a patch of ice in the parking lot at 60 West Southern Avenue in South Williamsport, [163]*163Pennsylvania. Lenora Gamble and her husband intended to shop at the Tyndale Store which is owned by the defendant Tyndale Enterprises, Inc. The Tyndale Store is situated in a strip mall owned by the defendants, Mr. and Mrs. Beck. The Tyndale Store moved to that location in June 2012. The Becks own the parking lot where Mrs. Gamble fell. The parking lot provides parking for customers of the business tenants at the strip mall. One of those businesses is the Tyndale Store.

On or about June 1,2012, the Becks leased the premises to Tyndale for operation of their business known as the Tyndale Factory Store. Under ¶ 6 of the lease agreement, the Tenant is responsible for maintenance of the interior of the property and the landlord is responsible for maintaining the exterior of the property, including the parking area. At the time of the fall, the Becks had an informal agreement with the adjacent business owner to clear the snow from the parking lot. The Becks relied upon the adjacent owner to salt the lot when needed; the Becks occasionally salted the parking area as well.

At the time Mrs. Gamble fell on the ice, the manager of the Tyndale Store, Lisa Klein, was in the process of opening the store. Mr. Gamble requested that Ms. Klein call 911. Ms. Klein offered assistance and retrieved a sweatshirt to cover Mrs. Gamble until the ambulance arrived. According to Ms. Klein, this was the first instance of inclement weather since the store had moved to that location in June 2012. Prior to the fall, there had been no directive or discussions with respect to protocols for inclement weather. Ms. Klein had not been directed to [164]*164take any steps to maintain the parking lot. At the time of the fall, the Tyndale store did not have any salting or deicing materials on the premises. Since the date of the incident, Ms. Klein puts ice on the sidewalks and areas in the parking lot where the customers walk. After the fall, Mrs. Beck advised Ms. Klein to contact her about ice conditions.

The plaintiffs put forth evidence of the weather conditions at the time of the fall. Plaintiffs contend that there had been no precipitation for about 34 hours prior to the fall and that the day of the fall was nice and sunny. Plaintiffs put forth evidence that there were patches of ice throughout the parking lot at the time of the fall. Specifically, the plaintiffs contend that Mrs. Gamble fell on a large patch of ice, which covered an area big enough to hold three people.

Conclusions of Law

Summary Judgment

1. Pursuant to Pa. R.C.P. 1035.2, the court may grant summary judgment at the close of the relevant proceedings if there is no genuine issue of material fact or if an adverse party has failed to produce evidence of facts essential to the cause of action or defense. Keystone Freight Corp. v. Stricker, 31 A.3d 967, 971 (Pa. Super. Ct. 2011).

2. A non-moving party to a summary judgment motion cannot rely on its pleadings and answers alone. Pa. R.C.P. 1035.2; 31 A.3d at 971.

3. When deciding a motion for summary judgment, [165]*165the court must view the record in the light most favorable to the non-moving party, with all doubts as to whether a genuine issue of material fact exists being decided in favor of the non-moving party. 31 A.3d at 971.

4. If a non-moving party fails to produce sufficient evidence on an issue on which the party bears the burden of proof, the moving party is entitled to summary judgment as a matter of law. Keystone, 31 A.3d at 971 (citing Young v. Pa. Dep’t of Transp., 744 A.2d 1276, 1277 (Pa. 2000),

Negligence — Landlord’s Duty for Common Areas

5. Generally, landlord-tenant law provides the following.

[Wjhere the owner of real estate leases various parts thereof to several tenants, but retains possession and control of the common passageways and aisles which are to be used by business invitees of the various tenants, the obligation of keeping the common aisles safe for the business invitees is imposed upon the landlord and not upon the tenants, in the absence of a contrary provision in the lease or leases. Leary v. Lawrence Sales Corp., 275 A.2d 32 (Pa. 1971)(citations omitted).

6. The Pennsylvania Supreme Court has recognized that — absent a lease agreement to the contrary — the landlord owes the duty to business invitees of the various tenants for the common areas of which the landlord retains possession and control. Leary v. Lawrence Sales Corp., 275 A.2d 32 (Pa. 1971) (noting that the circumstances in that case were akin to those presented in the Restatement [166]*166of Torts, § 360.)

Negligence — Duty by an Undertaking

7. Even where a person would not otherwise be liable, Pennsylvania law has applied 324A of the Restatement (Second) of Torts to impose liability to third parties for negligent performance of an undertaking under certain circumstances. Cantwell v. Allegheny County, 483 A.2d 1350 (Pa. 1984); Evans v. Otis Elevator Co., 168 A.2d 573 (Pa. 1961).

8. 324A of the Restatement (Second) of Torts provides the following.

§ 324A Liability to Third Person for Negligent Performance of Undertaking
One who undertakes, gratuitously or for consideration, to render services to another which he should recognize as necessary for the protection of a third person or his things, is subject to liability to the third person for physical harm resulting from his failure to exercise reasonable care to protect his undertaking, if
(a) his failure to exercise reasonable care increases the risk of such harm, or
(b) he has undertaken to perform a duty owed by the other to the third person, or

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Related

Leary v. Lawrence Sales Corp.
275 A.2d 32 (Supreme Court of Pennsylvania, 1971)
Tonik v. Apex Garages, Inc.
275 A.2d 296 (Supreme Court of Pennsylvania, 1971)
Harmotta v. Bender
601 A.2d 837 (Superior Court of Pennsylvania, 1992)
Young v. Commonwealth Department of Transportation
744 A.2d 1276 (Supreme Court of Pennsylvania, 2000)
Keystone Freight Corp. v. Stricker
31 A.3d 967 (Superior Court of Pennsylvania, 2011)
Evans v. Otis Elevator Co.
168 A.2d 573 (Supreme Court of Pennsylvania, 1961)
Wentz v. Pennswood Apartments
518 A.2d 314 (Supreme Court of Pennsylvania, 1986)
Williams v. Shultz
240 A.2d 812 (Supreme Court of Pennsylvania, 1968)
Cantwell v. Allegheny County
483 A.2d 1350 (Supreme Court of Pennsylvania, 1984)
Morin v. Traveler's Rest Motel, Inc.
704 A.2d 1085 (Superior Court of Pennsylvania, 1997)
Patentas v. United States
687 F.2d 707 (Third Circuit, 1982)

Cite This Page — Counsel Stack

Bluebook (online)
44 Pa. D. & C.5th 160, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gamble-v-beck-pactcompllycomi-2015.