On Monday, May 15, Rawle & Henderson Partner Nigel Greene obtained a defense judgment in favor of our client, a municipal water authority, in a wrongful death case. The case arose from a motorcycle crash that resulted in the death of a 19-year old young woman who was the passenger on the motorcycle.
Plaintiff brought claims for wrongful death and a survival action against multiple defendants, including a Pennsylvania municipality. Plaintiff sued the municipality on the theory that the road conditions caused or contributed to the collision. The municipality then joined the water authority because it had performed water main repair work in the roadway at a location 300 feet from the point of impact, approximately one month prior to the crash.
At the close of discovery, Mr. Greene filed a Motion for Summary Judgment on behalf of the municipal water authority arguing that Plaintiff, as a matter of law, could not establish a prima facie case of negligence against the water authority because their case and expert report were based on speculation. Plaintiff countered that their expert report and circumstantial evidence provided sufficient evidence for the case to go the jury. After briefs were submitted, the Court heard oral argument on the Motion where Mr. Greene presented the case for the municipal water authority.
Shortly after the oral argument, Judge Jeffrey K. Sprecher on the Berks County Court of Common Pleas entered summary judgment for our client and against all parties on all claims made against it.