Legal Opinion

Pomeren v. Commonwealth

Commonwealth Court of Pennsylvania

Decided November 23, 1988No. Appeal No. 584 C.D. 1988PublishedCited by 3 opinions

1Opinion of the Court

Opinion by

President Judge Crumlish, Jr.,

Carol Ann Pomeren appeals a Luzerne County Common Pleas Court order granting the Department of Environmental Resources’ (DER) motion for summary judgment. We affirm.

In May 1985, Pomeren was injured while hiking on a dirt trail in Ricketts Glen State Park. In her complaint against DER for negligence, Pomeren averred that as she stepped over a small rise, her leg sank into a two-inch mud hole which caused her to fall.1 DER moved for summary judgment, asserting immunity under the Recreation Use of Land and Water Act (hereinafter the Recreation Act).2…

2Cases cited6 opinions

  1. Commonwealth v. CabezaSupreme Court of Pennsylvania · 1983
  2. Rivera v. Philadelphia Theological Seminary of St. Charles Borromeo, Inc.Supreme Court of Pennsylvania · 1986
  3. Baker v. Aetna Casualty & Surety Co.Superior Court of Pennsylvania · 1982
  4. Commonwealth, Department of Environmental Resources v. AurestoSupreme Court of Pennsylvania · 1986
  5. Auresto v. CommonwealthCommonwealth Court of Pennsylvania · 1985

1 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Bashioum v. County of WestmorelandCommonwealth Court of Pennsylvania · 2000
  2. Hatfield v. Penn TownshipCommonwealth Court of Pennsylvania · 2010
  3. George v. Borough of Canonsburg, Pennsylvania Court of Common Pleas, Washington County1990

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