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WEITZ v. BAURKOT

267 Pa.Super. 471 (1979)

406 A.2d 1138

Irving WEITZ and Selma Weitz, his wife, Appellants, v. Raymond BAURKOT, R.B. Drake Building Realty Corp., J. M. Nicholas Corporation and John Nicholas, Defendants, and A & D Tile & Paint-Up, Inc., G-C Electric Co., Inc., Bell Telephone Company of Pennsylvania and Commonwealth of Pennsylvania, Department of Public Welfare, Additional Defendants.

Superior Court of Pennsylvania.

Decided June 29, 1979.

Attorney(s) appearing for the Case

Dwight L. Danser, Easton, for appellants.

Robertson B. Taylor, Bethlehem, for appellees Raymond Baurkot and R.B. Drake Building Realty Corp.

John D. DiGiacomo, Easton, on brief for appellees J.M. Nicholas Corp. and John Nicholas.

Mark H. Scoblionko, Allentown, for appellee A & D Tile & Paint-Up, Inc.

Before VAN der VOORT, WIEAND and LIPEZ, JJ.

WIEAND, Judge:

Appellants contend that the trial court erred in granting a compulsory nonsuit on the grounds that Selma Weitz had been contributorily negligent as a matter of law. We agree and reverse.

In June, 1974, Mrs. Weitz was employed by the Northampton County Board of Assistance in office space leased from R.B. Drake Building Realty Corporation at 201 Riverside Drive, Easton. The floor of the office contained a number of holes, one of which was approximately...

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