GILBERT v. KORVETTE'S, INC. et al.


223 Pa.Super. 359 (1972)

Gilbert v. Korvette's, Inc. et al., Appellants.

Superior Court of Pennsylvania.

December 11, 1972.


Attorney(s) appearing for the Case

Peter P. Liebert, 3rd, with him Liebert, Short, Fitzpatrick & Lavin, for defendant, appellant.

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

William L. Meritz, with him Prince and Meritz, for appellee.

Before WRIGHT, P.J., WATKINS, JACOBS, HOFFMAN, SPAULDING, CERCONE, and PACKEL, JJ.


OPINION BY HOFFMAN, J., December 11, 1972:

We are presented on appeal with the question of whether either or both a department store-operator of an escalator and the company which manufactures and services said instrumentality may be held liable under the theory of res ipsa loquitur to a plaintiff who is injured while a passenger on the escalator in defendant's store.

This appeal arises from an action for damages for personal injuries sustained by Creston...

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