Climbing A Light Pole Is Incidental To Fixing The Light At The Top, Therefore Property Owner Not Liable For Independent Contractor’s Injuries

by:  Peter J. Gallagher (@pjsgallagher) (LinkedIn)

Parking lot lights (pd)On this blog I have occasionally written about the duty owed by landowners to, among others, visitors and trespassers and folks walking along a landowner's sweetgum-spiky-seed-pod-riddled sidewalk. In Pisieczko v. The Children's Hospital of Philadelphia, the Appellate Division addressed a similar situation — the duty owed by a landowner to an independent contractor performing work on its property. 

In Pisiaczko, plaintiff was an independent contractor who worked for defendant "doing odd jobs, such as repairing different fixtures, changing lights, and installing tiles." In this capacity, he was hired by defendant to repair lights, which were "affixed to wooden poles" and located in one of defendant's parking lots. Defendant provided no guidance or supervision to plaintiff. Before beginning his work, plaintiff pushed on one of the wooden poles to make sure it was sturdy. When it did not move, he took a ladder, leaned it against the pole, and extended it to approximately two feet below the light fixture. He secured the ladder with straps around the pole. Unfortunately, while plaintiff was on the ladder testing the fixture, the pole broke. Plaintiff jumped off the ladder from about 20 feet to avoid falling into barbed wire. He injured his heel in the process.

Plaintiff sued. He alleged that the pole was rotten inside, which caused it to break. (The parties agreed that the rot was not visible before the pole broke.) Defendant moved for summary judgment, arguing that it was not liable for plaintiff's damages because the decision to place the ladder against the pole was incident to the specific work plaintiff was hired to perform.  The trial court agreed and granted the motion. Plaintiff appealed.

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Just In Time For Summer, A New Decision On When You Are Required To Clear Snow From Your Property

In the recent past, I have written several posts about when property owners can be liable for accidents caused by their failure to shovel snow from the sidewalks abutting their property. The basic rules are well settled – residential property owners generally don't have a duty to shovel but commercial property owners do. Therefore, my posts focused on the more unique (and hopefully, interesting) cases. For example, one post discussed whether a property was residential or commercial, and therefore whether the property owner would be required to shovel or not, when the owner lived in one unit of the multifamily building and rented out the other units. Another post discussed whether a lender who obtained final judgment of foreclosure on a commercial property, but that had not yet taken title to the property through a sheriff's sale, was required to shovel the sidewalks around the building.

Now there is another case that is somewhat different than the traditional snowy sidewalk slip and fall. In Holmes v. INCAA-Carroll Street Houses Corp, plaintiff was a tenant in a property owned by defendants. She sued after she slipped, while on the way to her car, on "an accumulation of snow" approximately three feet from the doorway to her apartment. (The area where she fell was actually not a sidewalk, but was instead a "lawn or grassy area," but this  distinction was not relevant to the court's decision.) A snowstorm has been raging since the night before. The snow had slowed, and perhaps even stopped, by the morning of the accident, but the storm had nonetheless dropped more than 15 inches of snow on the area. The conditions in the area were so severe that, when plaintiff's son called an ambulance to take her to the hospital, the ambulance company refused because of poor road conditions. The roads were not clear until the following day, at which point plaintiff drover herself to her doctor's office to be examined.

Plaintiff alleged that defendant had a duty to clear the snow from the property. Defendant moved for summary judgment, arguing that it had no duty to do so in the middle of a storm. The court agreed with defendant.

 

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Neither Rain, Nor Sleet, Nor Snow . . . Will Allow You To Set Aside A Sheriff’s Sale!

 by:  Peter J. Gallagher (@pjsgallagher)

Although the snow is (hopefully) gone for a few months, the Appellate Division recently handed down a decision that brings us back to one of the many snowstorms we had to endure this winter. In Weiss v. Porchetta, homeowners moved to vacate the sheriff's sale of their home because they claimed that a major snowfall on the day of the sale deterred a bidder from attending. The homeowners claimed that they had been working with the snow-bound bidder on a deal that would have allowed them to stay in their home. Apparently they did not have the same deal with the winning bidder at the sale. The trial court denied the motion and the Appellate Division affirmed.

 

 

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