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J.C. PENNEY CO., INC. v. WESOLEK

No. 3-683A191.

461 N.E.2d 1149 (1984)

J.C. PENNEY COMPANY, Inc., Montgomery Elevator CO., and Early Elevator Corp., Appellant-Defendant, v. Ruth E. WESOLEK and Paul J. Wesolek, Appellee-Plaintiff.

Court of Appeals of Indiana, Third District.

April 16, 1984.

Attorney(s) appearing for the Case

Edward N. Kalamaros, Thomas Cohen, Edward N. Kalamaros & Associates, P.C., South Bend, for appellant-defendant.

Gerald A. Kamm, Daniel A. Manion, Doran, Manion, Boynton, Kamm & Esmont, South Bend, for appellee-plaintiff.

STATON, Presiding Judge.

Ruth Wesolek fell on a down escalator in a J.C. Penney (Penney) department store when the handrails stopped moving in sequence with the steps. Ruth sued Penney and Early Elevator Company (Early), the company responsible for the installation and the maintenance of Penney's escalators, for their negligence. She sued the manufacturer of the escalator, Montgomery Elevator Company (Montgomery), in strict tort liability. Early successfully moved...

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