In Applying Pennsylvania Law, the Court Held That Determination of Whether a Dangerous Condition is Obvious and Avoidable by the Exercise of Ordinary Care is Generally a Question of Fact Reserved for the Jury.

In this diversity jurisdiction matter, the plaintiff alleged that she suffered injuries after tripping and falling on a partially empty black pallet or “stack base” while shopping in the defendant’s store. Prior to the incident, the plaintiff had walked past the pallet approximately four times. The incident occurred when the plaintiff, while attempting to allow a stock cart (pushed by an employee of the defendant) pass her, backed up and tripped on the pallet behind her. The defendant filed a…
By: Marshall Dennehey

In Applying Pennsylvania Law, the Court Held That Determination of Whether a Dangerous Condition is Obvious and Avoidable by the Exercise of Ordinary Care is Generally a Question of Fact Reserved for the Jury.

Superior Court Ruled That a Failure to Include the Full Name of One of the Streets at the Location of an Alleged Defect in the Roadway Did Not Constitute a Failure to Provide Proper Notice of an Intention to File a Claim Against the State.

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