Reinoso v. Heritage Warminster LLC
Jan 14, 2015OUTCOME: The Superior Court of Pennsylvania reversed the order granting summary judgment to the property owner and remanded for trial. The case settled for a significant sum before trial commenced.
The 60 year old plaintiff was walking with her five-year old granddaughter on a sidewalk at Warminster Towne Center, when she tripped and fell on a raised section of sidewalk. As a result of her fall, ... Reinoso sustained a broken left hand and fractured ribs. In litigation filed in the Court of Common Pleas of Bucks County, the defendant’s motion for summary judgment was granted by the trial judge, who found the sidewalk defect to be de minimus. On appeal, the Superior Court reversed and remanded, holding that a decision that a sidewalk defect was trivial as a matter of law, warranting summary judgment and dismissal of plaintiff’s personal injury claim was error. Plaintiff’s evidence included photographs demonstrating the height differential between sidewalk panels, expert testimony indicating that this defect exceeded safety standards, and testimony from the owner of the company charged with maintenance of the sidewalk that he considered the defect a tripping hazard and reported it as such. Plaintiffs argued that the property owner owed a heightened duty to the plaintiff as an invitee and the Superior Court agreed.
