January 7th, 2020

Taylor v. Cambria County Conservation and Recreation Authority

On January 7, 2020 the Honorable T.J. Bernstein of the Cambria County Court of Common Pleas entered summary judgment in favor of Defendant, Cambria County Conservation and Recreation Authority.

The Authority argued that it is not liable to Plaintiffs because Decedent was intentionally trespassing on Authority property when the injury giving rise to the cause of action occurred.  Defendants argued that the determination of whether Plaintiff was a trespasser was a determination for the jury and that the Authority’s failure to restrict access to the property could be reasonably interpreted as consent and enable a person to enter the land for a certain purpose.

The Court found that the Authority property was not open to the public at the time of the incident and took preventative measures to prevent access to its property by posting signs, installing gates and the hiring of the Pennsylvania Game Commission to cite trespassers.  The Court further held that preventing access at points other than the road entrances would have been unreasonable and unworkable on an 18 mile long trail system.

Brian LeGrow and Christopher Negrete represented the Cambria County Conservation and Recreation Authority