LYONS v. J. C. PENNEY COMPANY

No. 13888.

316 F.2d 753 (1963)

Inez LYONS, Plaintiff-Appellee, v. J. C. PENNEY COMPANY, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

April 11, 1963.


Attorney(s) appearing for the Case

Fred P. Bamberger, Evansville, Ind., Bamberger, Foreman, Oswald & Hahn, Evansville, Ind., of counsel, for defendant-appellant.

Gerald G. Fuchs, Evansville, Ind., Fuchs & Knoll, Evansville, Ind., of counsel, Raymond P. Knoll, Evansville, Ind., for plaintiff-appellee.

Before SCHNACKENBERG, KNOCH, and KILEY, Circuit Judges.


KILEY, Circuit Judge.

This is a diversity personal injury action1 with a $2,500.00 verdict and judgment for plaintiff. Penney has appealed.

Plaintiff was injured in Penney's department store in Evansville, Indiana. She was walking, ahead of her husband, from behind a curtain-cutting counter to a thread counter in the store. When she stepped into the aisle leading to the thread counter, her ankle struck a mannequin platform located...

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