Successful Defense of Snow and Ice Slip-and-Fall Claim

Obtained a defense verdict on behalf of a homeowners association and its management company in a jury trial in Bucks County, Pennsylvania. The plaintiff claimed she fell on ice and snow in a common area in a residential community where she lived. The plaintiff suffered sacral fractures and a foot fracture and underwent surgery to remove sacral Tarlov Cysts, which she claimed were asymptomatic prior to the fall. There were a number of interesting issues in the case, including a factual determination as to when the accident occurred, causation and identification of the plaintiff's status on the defendant's property. At the charging conference, there was a discussion of whether the plaintiff was an invitee or a licensee.  The judge agreed with the defense that the plaintiff was merely a licensee, and he so charged the jury. Ultimately, the jury determined that the plaintiff's accident occurred more than two years prior to suit being filed and, therefore, the claim was barred.