Johnson Duffie recently obtained summary judgment on behalf of its client, A.H. Moyer, Inc., in a premises liability action pending in the Court of Common Pleas of Lebanon County, Pennsylvania.
The case arose from an alleged slip-and-fall in a commercial parking lot during a February 2024 snowstorm. The plaintiff alleged that A.H. Moyer, the contractor responsible for snow and ice removal at the property, negligently performed its winter maintenance services. Attorney Wade Manley argued that Pennsylvania law does not require property owners or snow-removal contractors to maintain completely snow- and ice-free conditions while precipitation is actively ongoing. The evidence developed during discovery established that snow was actively falling at the time of the incident and that A.H. Moyer personnel were performing snow-removal operations at the property at the time of the fall.
The defense also relied on Pennsylvania’s “hills and ridges” doctrine and evidence that the snow was naturally and generally accumulating during the ongoing storm, rather than forming dangerous ridges or elevations.
The Court granted A.H. Moyer’s Motion for Summary Judgment, resulting in dismissal of the claims against the company.
The decision represents a successful defense for the firm’s client and reinforces the protections Pennsylvania law provides to property owners and snow-removal contractors faced with claims arising during active winter weather events.