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CROSBY v. GREAT ATLANTIC & PACIFIC TEA CO.

No. 82-445.

468 A.2d 567 (1983)

Kenneth CROSBY and Elizabeth Crosby v. The GREAT ATLANTIC & PACIFIC TEA COMPANY, James C. Marro, Margaret H. Marro, Carrols Development Corp., Paul F. Anderson, Esther F. Anderson, Ellen A. Maxwell and Burger King, Inc.

Supreme Court of Vermont.

November 1, 1983.

Attorney(s) appearing for the Case

Sigismund J. Wysolmerski of Abatiell & Abatiell, Rutland, for plaintiffs-appellants.

Ritchie E. Berger of Dinse, Allen & Erdmann, Burlington, for defendants-appellees Carrols Development Corp., Paul F. Anderson, Esther F. Anderson, Ellen A. Maxwell and Burger King, Inc.

Before BILLINGS, C.J., and HILL, UNDERWOOD, PECK and GIBSON, JJ.

PER CURIAM.

This is an appeal from an order of the Rutland Superior Court granting summary judgment in favor of defendants. Plaintiff Kenneth Crosby stepped on a glass bottle and lost his balance while in the parking lot of the Great Atlantic & Pacific Tea Company (A & P). His wife attempted to steady him and both fell over a three-foot retaining wall a few feet away onto a parking lot utilized by defendant Burger King. A & P is not involved in this appeal...

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