A woman who allegedly startled a 73-year-old man by walking toward him while he was on a ladder and passing under a tree limb he was cutting can be sued under the theory that she caused him to fall and break his ribs, the Pennsylvania Superior Court has ruled.
In Thibault v. Kerr, a split three-judge panel consisting of Judges John T. Bender, Judith Ference Olson and Victor P. Stabile reversed an Allegheny County court’s dismissal of Jean-Gilles Thibault’s lawsuit against his next-door neighbor’s daughter, Nancy Kerr.
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