The principal issue in this appeal from a judgment entered on a defense verdict is whether the Pennsylvania “hills and ridges” doctrine applies to private walks which are covered with ice or snow, or only to public sidewalks. As a secondary issue, appellant requests that we review the trial court’s jury instructions pertaining to the choice of ways.
On January 16,1978, Terry Wentz, an employee of United Parcel Service, used a private walk to move from the street, where he had parked his truckrto the Pennswood Apartment Complex, Harrisburg, where he intended to deliver a package. Although the walkway was covered with ice and snow, he was able to gain entrance to the apartment without incident. He was unable to deliver the package, however, and was forced to return to his truck with it. While
He argues, on appeal, that the trial court erred by refusing to charge the jury on the Pennsylvania “hills and ridges” doctrine and by instructing the jury that the plaintiff could not recover if, knowing of the potential danger in crossing an ice or snow covered sidewalk, he nevertheless chose to walk across it when a safer route was available to him.
It is axiomatic that a possessor of land owes a duty to protect his invitees from foreseeable harm.
Carrender v. Fitterer,
(a) knows or by the exercise of reasonable care would discover the condition, and should realize that it involves an unreasonable risk of harm to such invitee, and
(b) should expect that they will not discover or realize the danger, or will fail to protect themselves against it, and
(c) fails to exercise reasonable care to protect them against the danger.
Restatement (Second) of Torts § 343. However, as is made clear by Section 343A of the Restatement,
[a] possessor of land is not liable to his invitees for physical harm caused to them by any activity or condition on the land whose danger is known or obvious to them, unless the possessor should anticipate the harm despite such knowledge or obviousness.
Restatement (Second) of Torts, § 343A. See also:
Carren-der v. Fitterer, supra,
The doctrine of “hills and ridges” is not inconsistent with Section 343 of the Restatement (Second) of Torts. The doctrine, as defined and applied by the courts of Pennsylvania, is a refinement or clarification of the duty owed by a possessor of land and is applicable to a single type of dangerous condition, i.e., ice and snow covered walks. The rule holds that an owner or occupier of land is not liable for general slippery conditions, for to require that one’s walks be always free of ice and snow would be to impose an impossible burden in view of the climatic conditions in this hemisphere.
Rinaldi v. Levine,
(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 condition; (3) that it was the dangerous accumulation of snow and ice which caused the plaintiff to fall. Absent proof of all such facts, plaintiff has no basis for recovery.
Rinaldi v. Levine, supra,
Appellee argues that the doctrine of “hills and ridges” applies only to public sidewalks and not to private walks in an apartment complex. Neither appellee nor our own research has revealed precedent for the distinction which appellee seeks to create. On the contrary, an exami
An instruction regarding the “hills and ridges” doctrine would have been proper in this case, perhaps even desirable. Nevertheless, it does not appear that appellant was prejudiced in any way by the trial court’s failure to so charge. The doctrine of “hills and ridges” is not an extension or expansion of the duty which the law imposes upon an owner or occupier of land. It is, rather, a limitation on the liability of such persons for conditions which are caused generally by climatic conditions in this hemisphere. The doctrine of “hills and ridges” has always been deemed a principle of law intended to protect possessors of land by increasing, not decreasing, the proof required before a plaintiff can recover for injuries sustained as a result of a fall on an ice or snow covered surface. In the instant case, the trial court correctly instructed the jury regarding the duty owed by an owner of land to a business invitee. By virtue of this instruction, the jury was permitted to find the owner negligent for ice and snow covered walks even though the ice and snow had not been there for a sufficient
Appellant also contends that the trial court erred when it instructed the jury that the defendant owner was not to be found liable if the plaintiff had discovered the icy condition of the sidewalk and nevertheless elected to encounter the risk rather than use a safer route.
1
If this portion of the court’s instructions were erroneous, however, the error was not called to the attention of the trial judge. When given the opportunity at the completion of the charge to suggest corrections or additions, appellant did not suggest that the foregoing instruction was incorrect. His objection to this portion of the charge, therefore, has been waived.
Dilliplaine v. Lehigh Valley Trust Co.,
Finally, appellant argues that the verdict was contrary to the weight of the evidence. However, a court may grant a new trial on grounds that the verdict was contrary to the weight of the evidence only when the verdict shocks one’s sense of justice so that a new trial is imperative in order that right may have another opportunity to prevail.
Judgment affirmed.
Notes
. Specifically, the trial court instructed the jury as follows:
There is a further refinement to this duty imposed upon the landowner by Pennsylvania law. If you find that Mr. Wentz discovered the dangerous condition of the walkway leading to the apartment and that that danger was avoidable, that is he could have chosen another entryway to his proposed delivery point without walking on the sidewalk, and you find that instead of that he chose the hazardous route, this act on his part would relieve the Defendant from any duty to take measures to alieviate [sic] the danger you may have fund to exist on the sidewalk.
The instruction was based upon Sections 496A Comment c and 496C of the Restatement (Second) of Torts and
Carrender v. Fitterer, supra
