In Sirchio v. Macdougal, the Montgomery County Court of Common Pleas addressed a few common issues that arise in sidewalk slip and fall cases during the cold winter season.

The plaintiff  fractured his ankle when he slipped on an icy patch of sidewalk while walking home one January evening in Conshohocken.  The plaintiff sued the defendant homeowner and alleged that the defendant was negligent in the maintenance of the property, because the defendant’s drainage system was improperly configured and leaked water onto the sidewalk.  The plaintiff also alleged that the area in front of the defendant’s home was not sufficiently lit and that the defendant should have known that the combination of the leaky water and poorly lit area created a hazardous, icy condition in the cold winter months.

The defendant countered that he was in fact aware of the propensity for dangerous icy conditions on the sidewalk; and that he exercised extra care in the winter by shoveling his walk, breaking up the snow and ice with a shovel, and applying materials to melt the ice.  The defendant also noted that there was a street lamp located less than a block away, and introduced expert evidence that the drainage system did not violate any municipal codes.  Finally, the defendant alleged that the plaintiff was comparatively negligent because the surrounding sidewalk was covered with snow, and thus the plaintiff should have been more careful when walking on the snow-and-ice covered sidewalk.

The plaintiff sought damages totaling $250,000 for past medical costs, lost wages, as well as past and future pain and suffering.  However, a twelve member jury found that the plaintiff was 65% liable and the defendant homeowner was only 35% liable.  Under Pennsylvania’s comparative negligence law, the defendant was thus barred from receiving any damages.

Defendants should be mindful that retention of the proper liability experts likely made what amounted to a defense verdict possible here.  Thanks to Greg Herrold for his contribution to this post.  Please email Brian Gibbons with any questions.