The trial court granted a nonsuit based upon the doctrine of “Hills and Ridges” based upon testimony that the plaintiff fell on black ice because there was no evidence of human interference in the creation of the black ice. The Superior Court reversed the holding because the evidence indicated that there was a snow storm followed by plowing followed by salting in disputed amounts. Dismissal by nonsuit was not proper. 

What It Means to You

The cause of formation of black ice or any ice is dependant upon whether the condition was influenced by human intervention such as plowing and/or salting. If such human intervention occurred, then preliminary dismissal of the defendant property owner based upon the doctrine of “Hills and Ridges” is not appropriate.