On June 26, 2026, Scranton Partner Jeff Havran secured a defense nonsuit on behalf of a residential community association in a high-stakes personal injury trial in Pike County. After four days of trial, Jeff moved for nonsuit, which was granted by the court. In a subsequent ruling, the trial court also denied the Plaintiffs’ motion for a new trial.
The litigation arose from an accident at an intersection within a private residential community. At the time of the accident, the 11-year-old minor plaintiff was operating an electric scooter when he collided with a vehicle driven by a co-defendant. The impact threw the minor approximately 15 feet, causing a serious leg fracture and internal injuries.
The Plaintiffs sought to hold the community association liable, alleging negligence in failing to install a stop sign or other traffic control devices at the intersection. Plaintiffs argued that the absence of a stop sign caused the accident because the minor plaintiff did not know he was required to stop.
Representing the community association, Jeff established that under Pennsylvania law, private property owners and community associations have no legal duty to erect or maintain stop signs on private roadways. In addition, Jeff successfully moved to preclude Plaintiffs’ liability expert.
Furthermore, the defense presented critical deposition testimony demonstrating that the minor plaintiff had been repeatedly instructed by his parents to stop at that specific intersection and look both ways before proceeding. Because the minor plaintiff was fully aware of his obligation to stop, the defense argued, and the court agreed, that the absence of a physical stop sign could not legally be considered the cause of the accident. At trial, the court granted the defense motion for nonsuit, dismissing all claims against the community association with prejudice.
