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MILLER v. PETER J. SCHMITT & CO., INC.

405 Pa.Super. 502 (1991)

592 A.2d 1324

Luanne MILLER v. PETER J. SCHMITT & CO., INC., t/d/b/a Loblaws, Edward Edinger and Mary L. Edinger, Individually, and t/d/b/a Edinger Super Ice Service. Appeal of PETER J. SCHMITT & CO., INC., t/d/b/a Loblaws.

Superior Court of Pennsylvania.

Filed June 17, 1991.

Attorney(s) appearing for the Case

Anthony J. Williott, Pittsburgh, for appellant.

T. Warren Jones, Erie, for Edinger, appellee.

Lawrence M. Kelly, Ellwood City, for Miller, appellee.

Before ROWLEY, WIEAND and FORD ELLIOTT, JJ.

ROWLEY, Judge:

On July 19, 1984, while shopping in a supermarket owned and operated by appellant Peter J. Schmitt & Co., t/d/b/a Loblaws (Loblaws), appellee Luanne Miller slipped and fell in front of an ice machine that had been stocked minutes earlier by appellee Edward Edinger, an independent contractor who regularly delivered ice to the machine. To recover for injuries sustained in the fall, Miller brought...

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