GILBERT v. KORVETTE'S INC.


457 Pa. 602 (1974)

Gilbert v. Korvette's Inc., Appellant.

Supreme Court of Pennsylvania.

October 16, 1974.


Attorney(s) appearing for the Case

William G. Klenk, II, with him Sidkoff, Pincus, Greenberg, Wapner & Golden, for appellant.

William L. Meritz, for Creston Gilbert, appellee.

Peter P. Liebert, 3rd, with him Harry A. Short, Jr., Thomas J. Finarelli, and Liebert, Short, Fitzpatrick & Lavin, for Otis Elevator Co., appellee.

Before JONES, C.J., EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.


OPINION BY MR. JUSTICE ROBERTS, October 16, 1974:

Three-year-old Creston Gilbert, in the company of his grandfather and sister, was riding an Otis escalator in a Korvette's department store. At the bottom of the escalator, Creston attempted to alight, but his foot became caught in the step and was pulled into the comb plate. As a consequence, young Creston lost part of his left great toe and suffered general disfiguration and deformity of the foot.

Subsequently...

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