Philadelphia partner Kamela Devole and senior associate Danielle Pell have won summary judgment for the firm’s client in a hotly contested premises liability action in Philadelphia County. The Court dismissed every claim against the client with prejudice — a decisive result in a challenging jurisdiction where summary judgment is notoriously hard to come by.
The Plaintiff alleged that she was injured after tripping on a patch of black asphalt on the sidewalk in front of the client’s property. The condition allegedly remained after work performed by a gas company and one of its subcontractors.
At the close of discovery, WSHB moved for summary judgment under Pennsylvania Rule of Civil Procedure 1035.2, arguing that the Plaintiff had failed to produce the evidence necessary to establish her negligence claim against the client. Premises liability, the defense maintained, demands proof that the client either participated in creating the allegedly dangerous condition or had actual or constructive notice of it. The record supported neither conclusion.
More importantly, the defense pressed a second, independent point: the gas company and its subcontractor allegedly created and controlled the condition during the work they performed on the sidewalk — work the client neither requested nor supervised. The client did not retain or exercise control over the entities performing it. The WSHB team relied on settled Pennsylvania law recognizing that a property owner generally owes no duty to third parties for dangerous conditions within an independent contractor’s area of temporary possession and control.
The evidentiary record only sharpened the point. The Plaintiff never complained to the client about the sidewalk in the eight years preceding the incident. No one else reported the condition, and there was no evidence of any similar accident or injury. Nor could Plaintiff establish that the condition had existed long enough to place the client on constructive notice. Furthermore, Plaintiff herself acknowledged that the asphalt patch was open and obvious before she stepped into it, defeating her negligence claim against the client.
The court rejected the Plaintiff’s arguments in opposition, granted the defense motion, and dismissed every claim against the client with prejudice.
“This was a hard-fought motion in a jurisdiction often reluctant to remove premises liability claims from a jury,” said Devole. “The result reflects a careful development of the evidentiary record and a focused presentation of the controlling Pennsylvania law.”
Pell added, “Property ownership alone does not establish liability. The plaintiff still must produce evidence connecting the owner to the creation of the condition or demonstrating legally sufficient notice. The Court’s ruling confirms that speculation cannot substitute for proof.”
The outcome eliminates the client’s potential exposure and brings the litigation to a complete and final close.
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Experience the power of a proven industry leader in the law. Wood Smith Henning & Berman (WSHB) is renowned globally for our exceptional trial results and expertise in handling complex litigation. With our nationwide network of over 500 lawyers across 43 office locations, we are dedicated to providing comprehensive litigation and counsel to both public and private companies. From start-ups to Fortune 100 corporations, we deliver unrivaled legal representation that consistently achieves favorable outcomes for our clients.
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Our expansive geographic footprint allows us to provide effective and efficient representation to clients nationwide, regardless of their location, background, or legal expertise. By prioritizing strategic and cost-effective approaches to litigation, our dedicated attorneys work tirelessly to protect the interests of our clients. We have a track record of success, securing numerous victories such as summary judgments and defense verdicts on behalf of our clients. As a trial firm, we have taken over 2,000 cases to verdict, making us well-equipped to handle even the most complex and high-stakes litigation matters across the country.
