TT&H Attorneys Scott McCarroll and Julia Morrison win summary judgment in connection with a Dauphin County trip and fall incident
November 24, 2020
On November 17, 2020, Attorneys Scott McCarroll and Julia Morrison of TT&H’s Harrisburg Office obtained summary judgment in connection with a fall incident that occurred on the premises of a Dauphin County apartment complex. The Plaintiff alleged that he sustained injuries when he slipped and fell due to a “dirty, slippery, and unlit step” on the property. During the course of the case, the Court entered an Order barring the Plaintiff from testifying due to his failure to obey Orders respecting discovery. Notably, however, the Plaintiff had previously made statements to a responding EMT that he was “going down a hill and tripped.” He had also made statements to other medical providers that he was “walking down a hill when he tripped over [a] bush and injured his ankle.”
In ruling upon Scott and Julia’s Motion for summary judgment, the Court agreed that the record was devoid of any evidence as to the existence of a dangerous condition. The Court also found that even if a dangerous condition existed, the property owner had no actual or constructive knowledge of the same. Accordingly, the Court granted Scott and Julia’s Motion.