Monday, June 23, 2008

Superior Court 6/23/08 - JESSE STANTON and BENJAMIN STANTON and ELAINE STANTON, H/W, v. LACKAWANNA ENERGY, LTD. and PENNSYLVANIA POWER & LIGHT COMPANY

JESSE STANTON and BENJAMIN STANTON and ELAINE STANTON, H/W, v. LACKAWANNA ENERGY, LTD. and PENNSYLVANIA POWER & LIGHT COMPANY
No. 1248 MDA 2007 2008 PA Super 132 Atlantic: n/a Filed: 6/23/2008
Appeal from the Order of June 13, 2007, in the Court of Common Pleas of Lackawanna County, Civil Division at No. 96 CIV 2640
Before: LALLY-GREEN, SHOGAN and COLVILLE*, JJ.
Opinion by: COLVILLE, J.
Jesse, Benjamin and Elaine Stanton (“the Stantons”) appeal the order granting summary judgment for Pennsylvania Power & Light Company (“PP & L”) based on PP & L’s statutory immunity under the Recreational Use of Land and Water Act (“the RULWA” or “the Act”). The RULWA provides immunity from negligence liability for owners of undeveloped land who open that land without charge for recreational use by members of the public. 68 P.S. §§ 477-1 – 477-8. The issue in this appeal is whether the trial court committed an abuse of discretion or error of law in determining that a gate erected by PP & L constitutes land for purposes of the RULWA, thus entitling PP & L to immunity under the Act.

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