Summary Judgment Obtained for School District in Slip-and-Fall Case
We secured summary judgment on behalf of a school district in Fayette County, Pennsylvania. The plaintiff alleged he sustained a concussion as a result of a fall from a loading dock when making a delivery to a middle school in the school district. He argued that the loading dock was dangerous due to inappropriate depth, causing boxes on his hand truck to strike a wall, thus pushing him off of the loading dock. The court concluded that, because of the plaintiff’s prior uneventful encounters with the loading dock, the plaintiff was aware of the intricacies of the loading dock. Additionally, the court concluded that the plaintiff was an experienced delivery driver who, as indicated, was in the best position to perceive whether conditions were dangerous or not, and was, thus, in the best position to take appropriate precautions for his safety. Therefore, the court held that the defendants had no duty to warn or otherwise act to protect the plaintiff.