HARDY v. SOUTHLAND CORP.


435 Pa.Super. 237 (1994)

645 A.2d 839

Stella HARDY, Appellant, v. SOUTHLAND CORPORATION and Dalstore Properties and Yousef Maan Sheikh.

Superior Court of Pennsylvania.

Filed June 28, 1994.

Reargument Denied August 25, 1994.

Petition for Allowance of Appeal Denied December 1, 1994.


Attorney(s) appearing for the Case

William Derham, Jr., Philadelphia, for appellant.

C.J. Lyford, Philadelphia, for appellees.

Before KELLY, FORD ELLIOTT and BROSKY, JJ.


BROSKY, Judge.

This is an appeal from an order denying appellant's motion for removal of non-suit and granting of a new trial. Appellant raises one issue, whether the court erred in granting non-suit on the basis of the assumption of the risk defense. We reverse and remand.

Appellant brought suit to recover damages for an injury sustained at a 7-Eleven store owned by appellees. According to appellant's testimony she entered appellees' store on a day it had...

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