Longwell v. Giordano
57 A.3d 163
| Pa. Super. Ct. | 2012Background
- Longwells were long-term tenants at Valleyview Estates; repaving of driveways and parking areas occurred in summer 2008 by CJ Long for the Giordanos; Longwells gave no directions about leveling; the night of the accident there was a drop-off at the driveway edge and poor lighting along the turnaround; Mr. Longwell fell while walking at night with a flashlight and could not reliably see the drop-off; trial court granted summary judgment on assumption of risk and on lack of duty; appeal followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether assumption of risk should be abolished | Longwell argues abolition of doctrine | Giordanos argue doctrine remains valid | Abolition not within court's authority; doctrine still viable in analysis. |
| Whether Longwell assumed the risk, precluding recovery | Longwell subjectively perceived risk but proceeded | Longwell knowingly encountered a known danger | Material facts in dispute; summary judgment improper on assumption issue. |
| Whether Giordanos owed a duty to Longwell | As landlord/landowner, duty to tenant retained areas; knowledge of drop-off | No duty owed to Longwell for known danger | Genuine issue of material fact; jury must decide; reverse summary judgment as to Giordano. |
| Whether CJ Long owed a duty to Longwell | Liability for dangerous condition created by contractor | No duty owed; area not rendered dangerous by contractor’s work unseen by possessor | Court affirmed no duty by CJ Long; but remanded other aspects for trial. |
Key Cases Cited
- Carrender v. Fitterer, 503 Pa. 178, 469 A.2d 120 (Pa.1983) (assumption of risk tied to duty; invitee vs. obvious danger)
- Bleam v. Gateway Professional Center, 431 Pa.Super. 145, 636 A.2d 172 (Pa.Super.1993) ( Restatement §360 applicable to lessor liability)
- Bullman v. Giuntoli, 761 A.2d 566 (Pa.Super.2000) (subjective standard for assumption of risk)
- Barrett v. Fredavid Builders, Inc., 454 Pa.Super. 162, 685 A.2d 129 (Pa.Super.1996) (two-part test: risk perceived and faced voluntarily)
- Gresik v. PA Partners, L.P., 989 A.2d 344 (Pa.Super.2009) (liability for dangerous conditions created by contractors underRestatement §385)
- Gresik v. PA Partners, L.P., 33 A.3d 594 (Pa.2011) (Restatement interpretation for latent danger and duty)
- Montagazzi v. Crisci, 994 A.2d 626 (Pa.Super.2010) (abstention from abolishing doctrine)