Kahres v. Henry

Argued: March 11, 2002 Janet T. Kahres (Kahres) appeals, on her behalf and as executrix of the estate of her husband, William G. Kahres, Jr., from an order of the Court of Common Pleas of Berks County that entered summary judgment in favor of the Commonwealth of Pennsylvania, Department of Transportation (DOT) and against her and other defendants. We affirm. The record reveals the following relevant facts. During the winter months in 1994, the defendants, John G. and Esther M. Henry, hired the defendant, Michael Stump, to plow snow from the parking lot of their tavern, known as ""Jack and Snooky's Hillside Haven,"" located at 2910 Pricetown Road, a state highway, in Temple, Berks County. In the early morning on February 12, 1994, Stump plowed snow from the tavern parking lot and pushed it across Pricetown Road onto the property located on the other side. The snow removal created a large mound of ice and snow on the shoulder and portion of the northbound lane of Pricetown Road.