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Cipriani & Werner has over 75 attorneys in 7 cities with expertise in commercial litigation, civil litigation, workers’ compensation, and more.
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Cipriani & Werner has built expertise in commercial litigation, civil litigation, and workers’ compensation.
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Cipriani & Werner has offices throughout Pennsylvania, New Jersey, and West Virginia.
650 Washington Road Suite 700Pittsburgh, PA 15228Phone: (412) 563-25001011 Mumma Road Suite 201Lemoyne, PA 17043-1145Phone: (717) 975-9600450 Sentry Parkway Suite 200Blue Bell, PA 19422Phone: (610) 567-0700409 Lackawanna Ave Suite 402Scranton, PA 18503-2059Phone: (570) 347-0600155 Gaither Drive Suite BMt. Laurel, NJ 08054Phone: (856) 761-38001144 Market Street Suite 300Wheeling, WV 26003Phone: (304) 232-3600500 Virginia St. East Suite 750Charleston, WV 25301Phone: (304) 341-0500 -
C&W Journal
C&W Journal
Cipriani & Werner provides legal insight for business professionals.
May 2012 Edition
Liability For Fall On Black Ice Colored By Human Intervention
Source
Harvey v. Rouse Chamberlin, Ltd., 901 A.2d 523 (Pa. Super. 2006)
Analysis
The trial court granted a nonsuit based upon the doctrine of “Hills and Ridges” based upon testimony that the plaintiff fell on black ice because there was no evidence of human interference in the creation of the black ice. The Superior Court reversed the holding because the evidence indicated that there was a snow storm followed by plowing followed by salting in disputed amounts. Dismissal by nonsuit was not proper.
What it Means for You
The cause of formation of black ice or any ice is dependant upon whether the condition was influenced by human intervention such as plowing and/or salting. If such human intervention occurred, then preliminary dismissal of the defendant property owner based upon the doctrine of “Hills and Ridges” is not appropriate.
Journal Edition
September 2006
