Jonathan Herbst has Summary Judgement Affirmed by Superior Court

The Pennsylvania Superior Court affirmed the grant of summary judgment in a premises liability case defended by Margolis Edelstein Philadelphia partner Jonathan D. Herbst. Plaintiff was seriously injured when he tripped over a dolly in a dark trailer. At deposition, plaintiff admitted that he could not see inside the trailer and that he was “totally blind.” Nonetheless, he proceeded to walk approximately five to seven feet inside the trailer when he tripped and fell. Judge Saltz, Court of Common Pleas of Montgomery County, ruled that, under these circumstances, no duty was owed to plaintiff. On appeal the appellate court agreed with the defense position that defendant owed no legal duty to the plaintiff.