Legal Opinion

DAVID v. WAL-MART STORES EAST, LP

District Court, E.D. Pennsylvania

Decided March 2, 2020No. 2:18-cv-04864Unknown

1Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA DOROTHEA DAVID, Case No. 2:18-cv-04864-JDW Plaintiff, V. WAL-MART STORES EAST, LP, et al. Defendants. □ MEMORANDUM The issue before the Court is whether a business owner has a legal duty to clear snow from its parking lot while a snowstorm continues. Pennsylvania’s “hills and ridges” doctrine provides the answer. Under that doctrine, no duty arises until snow stops falling. Because Dorothea David fell and sustained injuries in a parking lot while snow still fell, the Court grants summary judgment to defendants…

2Cases cited6 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Scott v. HarrisSupreme Court of the United States · 2007
  3. Northern Insurance Company of New York v. Aardvark Associates, Inc. And Insurance Company of North America, Aardvark Associates, Inc.Court of Appeals for the Third Circuit · 1991
  4. Rinaldi v. LevineSupreme Court of Pennsylvania · 1962
  5. Collins, D. v. Philadelphia Suburban DevelopmentSuperior Court of Pennsylvania · 2018

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