Wade Clark Mulcahy LLP

<p style="text-align: justify;">When is a legal duty undertaken to a third party? In <em><a href="https://www.wcmlaw.com/wp-content/uploads/2020/12/Matthews.pdf">Matthews</a> v. Prospect Crozer LLC, et al</em>., the Pennsylvania Superior Court examined this question in the matter of a falling tree branch and an injured plaintiff. The plaintiff was walking on a public sidewalk when a maple tree branch fell from above, striking the plaintiff, and causing severe injuries. The plaintiff sued numerous parties, including the property owner, as well as two landscaping companies who had contracts to service the property.</p>
<p style="text-align: justify;">At the trial court, the landscapers filed motions for summary judgment, arguing that the plaintiff failed to establish that each landscaper owed a duty to plaintiff. The plaintiff pointed to the respective contracts of the landscapers, one for snow removal, the other for landscaping services, as creating a duty. However, the contracts did not include provisions for the inspection and maintenance of trees on the property. The trial court agreed with the landscapers and granted summary judgment, and the plaintiff appealed.</p>
<p style="text-align: justify;">On appeal, the Court confirmed the trial court's decision, noting that there was insufficient evidence that the landscapers undertook a duty to the plaintiff. This case highlights the fact that Court will look to both the contract and the specific facts of the case when determining whether a duty of care exists.</p>
Thanks to Benjamin Ferrell for his contribution to this post. Please contact <a href="mailto:Haquino@wcmlaw.com">Heather Aquino</a> with any questions.