HARRISBURG – The Superior Court of Pennsylvania affirmed a ruling relieving Indian King Residents Association (IKRA) of liability for a resident’s injuries.
Plaintiff-appellant Ruthann Hackett injured herself in 2013 after slipping on fallen branches in a common area managed by IKRA.
The court determined that appellant was a licensee on the land. In the ruling, Judge Jacqueline O. Shogan noted that “a possessor of land is subject to liability for physical harm caused to licensees by a condition on the land in designated circumstances...”
Those circumstances are that the possessor knows that the area is dangerous and fails to warn the licensee.
Appellant's appeal was denied on Aug. 29.
At issue was Hackett’s contention that she was an invitee on the property and not a licensee. The court notes that a “licensee is a person who is privileged to enter or remain on land only by virtue of the possessor’s consent.” Whereas an invitee is either a public or business visitor who is on the property for a specific reason associated with the land or with business dealings.
In its defense, IKRA stated that “Appellant entered the land for her own benefit and pleasure, not for any purpose connected with IKRA’s business... Appellant was privileged to enter the land solely by virtue of IKRA’s permission, not invitation, and thus, is a licensee.”
The court agreed with IKRA. Plaintiff’s claims were unsuccessful because she couldn’t establish liability. A broken tree branch in the common area does not prove negligence by IKRA.
“The trial court did not err in finding that Appellant was a licensee when she entered the common area. It is undisputed that Appellant was not a trespasser at the time she fell,” the appeals court writes.
“Initially, we reject outright Appellant’s claim that she was an invitee.”
Appellant also claimed that the trial court erred by failing to read special instructions to the jury. However, because she neglected to mention what those special instructions were, the issue was waived.