No Duty to Clear Snow Until After Storm, Argued Property Owners
On the night of Dec. 8, 2013, plaintiff Suzanne Whitley, 67, a sales representative and administrative assistant, was walking her dog in Norristown. She was on Taft Road, a suburban residential street. When she was near number 3127, she slipped on a patch of ice and fell on her right hand as she extended it to brace her fall.
December 21, 2017 at 12:03 PM
3 minute read
Whitley v. Bailey
Defense Verdict
Date of Verdict: Oct. 27.
Court and Case No.: C.P. Montgomery 2015-30888.
Judge: Carolyn Tornetta Carluccio.
Type of Action: Premises Liability.
Injuries: Arm fracture.
Plaintiffs Counsel: Lawren J. Nelson; Edelstein Martin & Nelson; Philadelphia.
Plaintiffs Expert: David Glaser, orthopedic surgery, Philadelphia.
Defense Counsel: James A. Godin, Palmer & Barr, Willow Grove.
Defense Expert: Evan Kovalsky, orthopedic surgery, Norristown.
Comment:
On the night of Dec. 8, 2013, plaintiff Suzanne Whitley, 67, a sales representative and administrative assistant, was walking her dog in Norristown. She was on Taft Road, a suburban residential street. When she was near number 3127, she slipped on a patch of ice and fell on her right hand as she extended it to brace her fall. She claimed injuries to her right wrist and shoulder.
Whitely sued property owners James and Colleen Bailey, alleging that they failed to adquately maintain their property. It had snowed that day from 1 to 5 p.m., and during the snowfall, James Bailey had shoveled snow from the sidewalk. In doing so, he allegedly exposed a patch of ice, according to Whitley's counsel. Counsel further maintained that, in addition to shoveling snow, the Baileys had a duty to treat the ice, such as with salt, which they failed to do.
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