ZITO v. MERIT OUTLET STORES


436 Pa.Super. 213 (1994)

647 A.2d 573

Barbara ZITO, and Joseph Zito, her husband, Appellants, v. MERIT OUTLET STORES and Bernard Spain and Murray Spain, Partners t/a Spain's Gifts, and John Doe (Fictitious) Jointly, Severally, or in the Alternative, Appellees.

Superior Court of Pennsylvania.

Filed September 12, 1994.


Attorney(s) appearing for the Case

Sharon K. Galpern, Philadelphia, for appellants.

James B. Corrigan, Philadelphia, for appellees.

Before McEWEN, OLSZEWSKI and DEL SOLE, JJ.


DEL SOLE, Judge:

In this appeal, Barbara and Joseph Zito challenge the grant of a compulsory non-suit in favor of Merit Outlet and Bernard and Murray Spain, and the imposition of sanctions in the amount of $1,250.00. We affirm in part and reverse in part.

At trial, Mrs. Zito testified that she was shopping in the Appellees' store. Appellant described the store as "winding and snakey" with merchandise piled very high. As she looked at merchandise stacked to...

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