Mahanoy Area School District v. Budwash

146 Pa. Commw. 72 (Pa. Commw. 1992) · Commonwealth Court of Pennsylvania · February 27, 1992 · No. S-1042-1989

Summary

The Mahanoy Area School District appealed a decision regarding a slip and fall incident involving Alice M. Budwash. The trial court granted summary judgment in favor of the school district, citing the 'hills and ridges' doctrine. However, the appellate court vacated and remanded the decision, finding that the doctrine may not be applicable in this case. The court also quashed the school district's cross-appeal due to lack of standing.

Holdings

  1. Summary judgment was improper because the doctrine does not apply where only a localized patch of ice exists and general slippery conditions were not prevailing; the matter is vacated and remanded.
  2. The School District lacks standing to appeal; its cross‑appeal is quashed.

Questions Presented

  1. Whether the "hills and ridges" doctrine bars recovery under the common law in this case.
  2. Whether the School District has standing to file a cross‑appeal.
  3. Whether the School District is absolutely immune from liability under Pennsylvania law.

Disposition

remanded

Cases Cited (8)

  • Rinaldi v. Levine, 406 Pa. 74, 176 A.2d 623 (1962)
  • Williams v. Schultz, 429 Pa. 429, 240 A.2d 812 (1968)
  • Tonik v. Apex Garages, Inc., 442 Pa. 373, 275 A.2d 296 (1971)
  • Bloomingdale’s By Mail, Ltd. v. Department of Revenue, 130 Pa. Commonwealth Ct. 190, 567 A.2d 773 (1989)
  • Bowles v. Southeastern Pennsylvania Transportation Authority, 135 Pa. Commonwealth Ct. 534, 581 A.2d 700 (1990)
  • Huber v. Department of Transportation, 122 Pa. Commonwealth Ct. 82, 551 A.2d 1130 (1988)
  • Police Pension Fund Association Board v. Hess, 127 Pa. Commonwealth Ct. 498, 562 A.2d 391 (1989)
  • Middletown Township v. Pennsylvania Public Utility Commission, 85 Pa. Commonwealth Ct. 191, 482 A.2d 674 (1984)

Cited In (0)

No citing cases on record yet.

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