With the fast-approaching winter, thoughts turn to the quiet beauty of the first snowfall, the hopeful anticipation of a white holiday season, and the joyful sound of children playing in the snow with abandon. Only in the trained lawyer’s mind could such pleasant thoughts be abruptly dashed by a contemplation of the current status of the hills and ridges doctrine.
A review of the published opinions in 2006 concerning the doctrine confirms the courts appear to still take pains to allow these types of cases to proceed to a jury. However, the recent cases show that where it is beyond question that the doctrine is applicable and the plaintiff’s case fails to satisfy its elements, the trial courts remain willing to dismiss the matter on summary judgment or by way of a nonsuit at trial.
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