MASON v. BRANDYWINE CONSTRUCTION AND MANAGEMENT, INC. et al

Filing 33

ORDER THAT DEFTS' MOTION FOR SUMMARY JUDGMENT IS GRANTED IN PART & DENIED IN PART, ETC. SIGNED BY HONORABLE JAN E. DUBOIS ON 3/27/17. 3/28/17 ENTERED AND COPIES E-MAILED.(kw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
CLYDE MASON,

CIVIL ACTION
Plaintiff,

v.
BRANDYWINE CONSTRUCTION AND
MANAGEMENT, INC., and
SOUTH BANK STREET PROPERTIES,
L.P.,
Defendants.

NO. 15-6635

ORDER
AND NOW, this 27th day of March, 2017, upon consideration of defendants’ Motion for
Summary Judgment (Document No. 20, filed Nov. 17, 2016); 1 Plaintiff Clyde Mason’s Answer
to Defendants’ Motion for Summary Judgment (Document No. 21, filed Nov. 23, 2016); Reply
in Support of Defendants Brandywine Construction and Management, Inc. and South Bank
Street Properties, L.P.’s Motion for Summary Judgment (Document No. 24, filed Dec. 2, 2016);
Plaintiff Clyde Mason’s Surreply to Defendants’ Motion for Summary Judgment (Document No.
28, filed Dec. 14, 2016); and defendants’ Response in Support of the Motion for Summary
Judgment (Document No 31, filed Dec. 23, 2016), for the reasons set forth in the accompanying
Memorandum dated March 27, 2017, IT IS ORDERED that defendants’ Motion for Summary
Judgment is GRANTED IN PART and DENIED IN PART, as follows:
1.

That part of defendants’ Motion that seeks summary judgment on plaintiff Clyde

Mason’s negligence claim based on defendants’ failure to pretreat the sidewalk prior to the rain
and/or freezing rain on January 18, 2015, is GRANTED; and
1

Defendants filed a Brief in Support of Defendants Brandywine Construction and Management,
Inc. and South Bank Street Properties, L.P.’s Motion for Summary Judgment but did not file an
actual Motion for Summary Judgment. Defendants’ Brief states in the second paragraph that
defendants “move now for the entry of summary judgment.” The Court construes the Brief as a
Motion for Summary Judgment.

2.

Defendants’ Motion is DENIED in all other respects.

IT IS FURTHER ORDERED that a telephone conference for the purpose of scheduling
further proceedings will be conducted in due course.

BY THE COURT:
/s/ Hon. Jan E. DuBois
DuBOIS, JAN E., J.