Appeal From Order of Court of Common Pleas Civil Division, Montgomery County, No. 83-09628.
Joseph P. Grimes, Philadelphia, for appellants.
Fred J. Silverman, Willow Grove, for Kravco, appellee.
Jay H. Karsch, Doylestown, for Peppelman, appellee.
Cavanaugh, Wickersham and Roberts, JJ.
[ 355 Pa. Super. Page 494]
In this case, the appellant, Rose Roland, was injured when she slipped and fell on the parking lot at the Huntingdon Valley Shopping Center which was owned and operated by appellee, Kravco, Inc. She and her husband, Frank Roland, commenced an action in trespass against Kravco, Inc., trading as Huntingdon Valley Shopping Center, which joined Peppelman Brothers, Inc. as an additional defendant. Both defendants below, the appellees herein, filed motions
[ 355 Pa. Super. Page 495]
for summary judgment which were granted by the court. The plaintiffs have appealed to this court.
The complaint against Kravco alleged that:
6. On or about February 10, 1982, plaintiff, Rose Roland was a business invitee of the defendant, Huntingdon Valley Shopping Center, and as such was lawfully on or about the premises of the defendant.
7. On or about the aforesaid date, time and place, as plaintiff, Rose Roland, was walking across the parking lot after exiting her car, plaintiff's feet were caused to slip and slid [sic] on ice which had accumulated upon said parking lot causing plaintiff to fall to the ground.
The only evidence as to how the accident occurred is found in the deposition of Rose Roland in which she testified:
A. Well, I drove in and stopped and looked to see if there was any parking places close to the drugstore for me.
A. I didn't see anything up there. It was filled up, and the first two lanes were filled, and so I drove around into the second set of cars, and I pulled in there and found a parking space and pulled in there.
Q. Fine. Now, when you were driving through the parking lot to find a parking place, what was the -- was there any water or anything? Was there dampness on the surface of the parking lot?
A. I would say it was wet.
Q. But it was not actually raining at the time.
A. No, there was no rain.
Q. Was there any snow in the parking lot?
A. Yes. Well, it was all piled up ...