Snowmobile Accident Case

by William Jorden on June 28, 2011

by William T. Jorden, Esquire

The Commonwealth opened a snowmobile trail on State Gamelands No. 214 in Crawford County, but neglected to remove or guard a steel post holding the gate, or to open the gate. A snowmobiler operating at night time in a snowstorm, collided with the post and gate, sustaining serious injuries.

Represented by Attorney Bill Jorden, suit was filed against the Commonwealth for maintaining a defective and dangerous condition on their property.

The Commonwealth has filed a Motion for Summary Judgment, claiming immunity from tort action, based on the Recreational Use of Land and Water Act, 68 PS §477-1.

On March 28, 2006, Argument was held before Judge Vardaro of the Common Pleas Court of Crawford County. The Judge’s decision will have statewide significance. The Court is expected to address issues defining the definition of land and rural areas that is protected by the Recreational Use Of Land and Water Act, the inner play of immunities under the Recreational Use Of Land and Water Act and Sovereign Immunity Act. On 3.24.2006 Governor Rendell vetoed S.B. 435, which would have effectively abolished Joint Liability. Governor Rendell’s action greatly benefits Pennsylvania consumers and victims of the negligent or wrongful acts of others. A victim may now receive full compensation for his or her injuries and damages in circumstances where that would not have been possible under S.B. 435. We are grateful for the Governor’s courageous action in support of the legal rights of Pennsylvania citizens.

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