Mahanoy Area School District v. Budwash
Mahanoy Area School District v. Budwash
Opinion of the Court
Alice M. Budwash and Gary A. Budwash, husband and wife, appeal an order of the Court of Common Pleas of Schuylkill County, which granted a motion for summary
On November 21,1987, Mrs. Budwash attended a play-off football game at the School District’s football stadium. After taking a seat in the bleachers of the stadium, Mrs. Budwash decided to return to her car to get additional blankets. While walking on a walkway in front of the bleachers, she stepped to her right to avoid a group of children who were running toward her; she slipped and fell on an ice patch. As a result of the fall, Mrs. Budwash broke her left ankle and bruised both hands.
In June of 1989, the Budwashes filed their complaint. In its answer and new matter, the School District raised the defense of governmental immunity contained in 42 Pa.C.S. §§ 8541-42. Following discovery, the School District filed a motion for summary judgment. The trial court held that the Budwashes would not have had a cause of action under the common law. The court granted the School District’s motion based upon 42 Pa.C.S. § 8542(a)(1). Both the Bud-washes and the School District filed appeals to this Court.
The Budwashes argue that the court erred in concluding that they could not have recovered at common law. 42 Pa.C.S. § 8542(a) provides that an injured party can recover against a local agency if damages were recoverable under either the common law or a statute provided that the local agency does not have an immunity defense and if the negligent act fell within one of the enumerated exceptions of subsection (b). The trial court held that recovery was impossible under the common law because of the “hills and ridges” doctrine set forth in Rinaldi v. Levine, 406 Pa. 74, 176 A.2d 623 (1962). In that case, the injured party slipped and fell on a patch of ice on a sidewalk. Although the jury found the landowner to be liable, the Supreme Court reversed the trial court’s order and directed entry of a judgment n.o.v. in favor of the landowner. The court held that the “hills and ridges” doctrine evolved because of the
(1) that snow and ice had accumulated on the sidewalk in ridges or elevations of such size and character as to unreasonably obstruct travel and constitute a danger to pedestrians travelling thereon; (2) that the property owner had notice, either actual or constructive, of the existence of such a condition; and (3) that it was the dangerous accumulation of snow and ice which caused the plaintiff to fall.
Id., 406 Pa. at 78-79, 176 A.2d at 625-26. The Supreme Court held that the injured party had failed to meet his burden of proving both the first and third elements stated above.
The doctrine of “hills and ridges” is not, however, applicable to all situations. As the Supreme Court has stated in specifically limiting its holding in Rinaldi:
Proof of ‘hills and ridges’ is necessary only when it appears that the accident occurred at a time when general slippery conditions prevailed in the community, which is not the case here. See Williams v. Schultz, 429 Pa. 429, 240 A.2d 812 (1968), and many supporting cases cited therein. Where, as here, a specific, localized patch of ice exists on a sidewalk otherwise free of ice and snow, the existence of ‘hills and ridges’ need not be established.
Tonik v. Apex Garages, Inc., 442 Pa. 373, 376, 275 A.2d 296, 298 (1971).
Summary judgment may be granted only in those cases where the right to the relief requested is clear; the existence of a factual dispute over any material matter precludes the granting of a motion for summary judgment. Pa.R.C.P. No. 1035(b); Bloomingdale’s By Mail, Ltd. v. Department of Revenue, 130 Pa. Commonwealth Ct. 190, 567 A.2d 773 (1989). At her deposition, Mrs. Budwash testified that there had been no precipitation since November 19, two days before the accident. She also testified that there were patches of ice and snow. (Deposition of Alice Budwash, 6/13/90, p. 10). Based upon this testimony, it is probable
Generally only an “aggrieved” party has standing to appeal. Pa.R.A.P. 501. Where a party is successful in the trial court, that party is not aggrieved and, therefore, has no standing to appeal. Police Pension Fund Association Board v. Hess, 127 Pa.Commonwealth Ct. 498, 503 n. 5, 562 A.2d 391, 394 n. 5 (1989). We have specifically stated that “[m]ere disagreement with the ... legal reasoning [of the tribunal whose order is being reviewed] ... does, not confer standing [to appeal]____” Middletown Township v. Pennsylvania Public Utility Commission, 85 Pa.Commonwealth Ct. 191, 210, 482 A.2d 674, 685 (1984). As the School District could not appeal, its cross appeal must be quashed.
We recognize the quandary in which the School District was placed. Its primary argument in the trial court was that it had absolute immunity based upon Bowles and Huber. The trial court chose to grant summary judgment
Vacated and remanded.
ORDER
NOW, February 27, 1992, the order of the Court of Common Pleas of Schuylkill County, dated March 6,1991, at No. S-1042-1989, is vacated and the matter is remanded for further proceedings.
Jurisdiction relinquished.
. We must also point out that Mrs. Budwash’s failure to describe the patch of ice in a manner to comply with the mandates of Rinaldi at her deposition is not dispositive even if the doctrine of "hills and ridges” were applicable. That deposition was taken by the School District's attorney as a part of discovery; Mrs. Budwash simply was not asked to describe the patch of ice.
Concurring Opinion
concurring.
I join the majority opinion only because the Budwashes never raised the issue as to whether the paved pathway in front of the bleachers in a stadium is a “sidewalk” within 45 Pa.C.S. § 8542(b)(7).
Reference
- Full Case Name
- MAHANOY AREA SCHOOL DISTRICT, Appellant, v. Alice M. BUDWASH and Gary A. Budwash, H/w, Appellees; Alice M. BUDWASH and Gary A. Budwash, H/w, Appellants, v. MAHANOY AREA SCHOOL DISTRICT, Appellee
- Cited By
- 14 cases
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- Published