Relying Upon Pennsylvania Law, the Federal Court Held that Maintenance Company Owed No Duty of Care to Injured Plaintiff

The plaintiff, while walking to work, slipped and fell in the parking lot on accumulated ice and sustained injuries to his hand, spine, head, neck and back. The matter was removed to federal court based upon diversity jurisdiction. After conducting discovery, the defendant-maintenance company filed a motion for summary judgment. In its motion, the defendant argued that it did not owe any duty to the plaintiff to keep the premises free from ice. In support of its argument, the defendant contended that, pursuant to a service agreement, it was only responsible for “janitorial services” involving the interior of the facility, such as workspaces and offices. The defendant contended that no snow and ice removal responsibilities were mentioned in the service agreement and that the evidence established that the property owner (the plaintiff’s employer) utilized its own staff to perform snow and ice removal. Based upon the evidence of the record, the federal court held that the defendant had no duty to perform snow and ice removal in the parking lot and, thus, did not owe a legal duty to the plaintiff. The federal court granted the defendant’s motion for summary judgment.