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TT&H Attorney Shayne McGrady wins summary judgment in Pike County premises liability action.


On August 2, 2017, the Court of Common Pleas of Pike County granted a Motion for summary judgment filed by TT&H Attorney Shayne McGrady.  The action arose from a slip and fall that occurred when the Plaintiff fell at night while walking on her driveway, looking for her pet.  The plaintiff tripped due to an uneven area where the surface of the driveway meets the parking pad.  She filed suit against her landlords following the incident, and the landlord joined the co-tenant that constructed the parking pad.

In moving for summary judgment, Shayne McGrady argued that the co-tenant did not owe the plaintiff a duty of care, as both were possessors of land.  Furthermore, the plaintiff was aware of the unevenness of the parking pad and driveway, and for five months was able to use the same without any issue.   Shayne also pointed out that the Plaintiff was walking at night, with insufficient lighting, on the evening of her fall.  Finding that the co-tenant did not owe a duty to the Plaintiff under the circumstances, the Court entered summary judgment in favor of the co-tenant.
 
Questions about this case can be directed to Shayne McGrady, at (570) 820-0240 ext. 8605 or smgrady@tthlaw.com.

Shayne McGrady

Shayne J. McGrady, Esquire