MAPP v. GIMBELS DEPT. STORE


373 Pa.Super. 210 (1988)

540 A.2d 941

Barry MAPP, Appellant, v. GIMBELS DEPARTMENT STORE, Gimbels Department Store, Wells Fargo Security Company, Appellees.

Supreme Court of Pennsylvania.

Filed March 10, 1988.

Reargument Denied May 3, 1988.


Attorney(s) appearing for the Case

Ronald Ziegler, Philadelphia, for appellant.

Lawrence L. Robinson, Philadelphia, for appellees.

Before ROWLEY, WIEAND and OLSZEWSKI, JJ.


WIEAND, Judge:

The issue in this appeal is whether a department store is liable for injuries sustained by a shoplifter while being pursued and apprehended by a person who was not employed by the store. The trial court held that in the absence of a master-servant relationship by which the store acquired a right to control the pursuer, there could be no vicarious liability for the conduct of the pursuer in restraining the thief. We affirm.

On March 29, 1983...

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