Saris v. Charles

67 Pa. D. & C.4th 545, 2004 Pa. Dist. & Cnty. Dec. LEXIS 186
CourtPennsylvania Court of Common Pleas, Lancaster County
DecidedJune 9, 2004
Docketno. CI-03-00859
StatusPublished
Cited by2 cases

This text of 67 Pa. D. & C.4th 545 (Saris v. Charles) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Lancaster County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Saris v. Charles, 67 Pa. D. & C.4th 545, 2004 Pa. Dist. & Cnty. Dec. LEXIS 186 (Pa. Super. Ct. 2004).

Opinion

CULLEN, J.,

Before the court for disposition is the motion of defendant, E. Gregory Charles, t/d/b/a Charles’ Laundry, for summary judgment on the claim brought against him by plaintiff, Janeen R. Saris. Plaintiff seeks to recover for injuries she claims she sustained when she slipped on ice on defendant’s property and fell. For the reasons set forth below, defendant’s motion will be granted.

Plaintiff commenced this action on January 31, 2003. In her complaint, plaintiff alleges that on January 20, 2002, she was leaving defendant’s laundromat through a back entrance when she slipped on ice on the steps and fell, sustaining personal injuries.

Defendant filed an answer denying any liability.

On December 15, 2003, defendant filed his motion for summary judgment and a supporting brief. The basis of defendant’s motion is that plaintiff cannot establish [547]*547the elements of her cause of action in view of the “hills and ridges” doctrine.

Plaintiff filed a response to the motion for summary judgment and a brief on January 9, 2004.

At the request of counsel, the court heard oral arguments on the motion. The matter is now ready for disposition.

DISCUSSION

Pursuant to Rule 1035.2 of the Pennsylvania Rules of Civil Procedure, after the pleadings are closed any party may move for summary judgment where (1) there is no genuine issue of material fact as to a necessary element of the cause of action or defense which could be established by additional discovery or expert report, or (2) after completion of discovery, including the production of expert reports, an adverse party who will bear the burden of proof at trial has failed to produce evidence of facts essential to the cause of action or defense which in a jury trial would require the issues to be submitted to the jury. Pa.R.C.P. 1035.2.

“A proper grant of summary judgment depends upon an evidentiary record that either (1) shows the material facts are undisputed or (2) contains insufficient evidence of facts to make out a prima facie cause of action or defense and, therefore, there is no issue to be submitted to the jury.” McCarthy v. Dan Lepore & Sons Co. Inc., 724 A.2d 938, 941 (Pa. Super. 1998). (citation omitted) “If the non-moving party fails to come forward with sufficient evidence to establish or contest a material issue to the case, the moving party is entitled to judgment as a [548]*548matter of law.” Id. at 940 (citing Ertel v. Patriot-News Co., 544 Pa. 93, 674 A.2d 1038 (1996), cert. denied, 519 U.S. 1008, 117 S.Ct. 512, 136 L.Ed.2d 401 (1996)).

The court must view the record in the light most favorable to the non-moving party, and all doubts as to the existence of a genuine issue of material fact must be resolved against the moving party. Pennsylvania State University v. County of Centre, 532 Pa. 142, 615 A.2d 303 (1992).

On January 20, 2002, plaintiff drove to defendant’s laundromat to do laundry. (Deposition of Janeen R. Saris, October 10, 2003, pp. 18-19, 43-44.) It had snowed the night before and plaintiff’s roommate cleared the snow off her vehicle. Id. at 20. Plaintiff further testified:

“Q. How were the roads?
“A. Wet.
“Q. How were the sidewalks, if you know, generally?
“A. Unclear. They were wet as well, but there was snow on a lot of them. A lot of people hadn’t gotten to their sidewalks.
“Q. It is fair to say that you observed that the conditions, the prevailing conditions in Lancaster that morning were everything was generally snow covered?
“A. Yes.
“Q. Did you have to exercise care when you were driving because of the road conditions?
“A. Yes.
“Q. More care than if the roads were dry?
“A. Yes.
[549]*549“Q. Did you have to exercise more care when you were walking?
“A. Yes....
“Q. So, is it fair to say that before you got to the laundromat, you were aware that things were generally slippery in the Lancaster community?
“A. Yes.” Id. at 21-22.
Plaintiff arrived at the laundromat at approximately 9:50 a.m. Id. at 24. The sidewalk was still snow covered. Id. at 25. Approximately 10 a.m., plaintiff left the laundromat to get a cup of coffee. Id. at 27. At the outside rear steps, plaintiff slipped at the top of the steps, skidded, lost her balance and fell. Id. at 30, 33, 37-39. The rear steps were covered with snow and there were foot marks in the snow. Id. at 28,31. Before going down the steps, plaintiff knew they would be slippery. Id. at 32, 46. When she slipped, plaintiff’s body moved the snow and she was able to see a smooth ice spot about the size of a dinner plate. Id. at 34-35.

As a result of the fall, plaintiff sustained injuries to her right knee, left elbow and left shoulder. Id. at 13.

Defendant is responsible for removing snow from the sidewalks at the laundromat. (Deposition of E. Gregory Charles, October 10, 2003, p. 7.) Defendant went to the laundromat to shovel snow at approximately 9 a.m. on January 20, 2002. Id. at 7-8. At approximately 10 a.m., defendant was shoveling the sidewalk. Id. at 11. By that time, he had already cleared the back steps. Id. at 12.

Defendant claims he is entitled to judgment in his favor because plaintiff is unable to establish the elements of her cause of action. Specifically, defendant argues that [550]*550the law does not impose liability for generally slippery conditions and that, in order to prevail, plaintiff must show that the property owner allowed the ice and snow to unreasonably accumulate in ridges or elevations. Morin v. Traveler’s Rest Motel Inc., 704 A.2d 1085, 1087 (Pa. Super. 1997) (citing Harmotta v. Bender, 411 Pa. Super. 371, 601 A.2d 837 (1992)).

The doctrine of “hills and ridges” provides: “that an owner or occupier of land is not liable for general slippery conditions, for to require that one’s walks be always free of ice and snow would be to impose an impossible burden in view of the climatic conditions in this hemisphere. Snow and ice upon a pavement create merely transient danger, and the only duty upon the property owner or tenant is to act within a reasonable time after notice to remove it when it is in a dangerous condition.” Gilligan v. Villanova University, 401 Pa. Super. 113, 116,

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Bluebook (online)
67 Pa. D. & C.4th 545, 2004 Pa. Dist. & Cnty. Dec. LEXIS 186, Counsel Stack Legal Research, https://law.counselstack.com/opinion/saris-v-charles-pactcompllancas-2004.