MOULTREY v. GREAT A & P TEA CO.


281 Pa.Super. 525 (1980)

422 A.2d 593

Phyllis S. MOULTREY, Appellant, v. The GREAT A & P TEA COMPANY.

Superior Court of Pennsylvania.

Filed October 24, 1980.

Petition for Allowance of Appeal Denied February 6, 1981.


Attorney(s) appearing for the Case

John W. Thompson, Jr., York, for appellant.

Robert J. Stewart, York, for appellee.

Before CERCONE, President Judge, and WIEAND, and HOFFMAN, JJ.


CERCONE, President Judge:

This is a "slip and fall" case in which the question presented is, whether in order to make out a prima facie case in a negligence action predicated upon the Restatement (Second) of Torts § 343 (1965), appellant-invitee must prove that appellee-proprietor had either actual or constructive notice of the offending transitory condition which allegedly caused appellant's harm. The lower court, relying primarily upon Martino v. Great Atl...

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