RODEHEAVER v. SEARS, ROEBUCK AND CO.

No. C 62-34.

220 F.Supp. 120 (1962)

James H. RODEHEAVER, Plaintiff, v. SEARS, ROEBUCK AND CO., Defendant and Third Party Plaintiff, v. The CLEVELAND TRUST COMPANY, as Trustee, Third Party Defendant.

United States District Court N. D. Ohio, E. D.

July 30, 1962.


Attorney(s) appearing for the Case

Franklin A. Polk, Cleveland, Ohio, for plaintiff.

Jones, Day, Cockley & Reavis, James C. Sennett, Cleveland, Ohio, for 3rd Party plaintiff.

Michael R. Gallagher, Cleveland, Ohio, for 3rd Party defendant.


McNAMEE, District Judge.

Plaintiff alleges that on or about the 29th day of June, 1960 he was a patron of the defendant's store at 14922 St. Clair Avenue, Cleveland, Ohio; that while viewing a stock of electrical appliances the ceiling directly over the area where plaintiff was standing suddenly collapsed, striking him with great force, throwing him to the floor, burying him under the debris and causing him to sustain permanent and painful injuries. At the time of...

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