ELBASHER v. SIMCO SALES SERVICE OF PENN.


441 Pa.Super. 397 (1995)

657 A.2d 983

Abdelshakoor ELBASHER, Appellant v. SIMCO SALES SERVICE OF PENNSYLVANIA t/a Jack and Jill.

Superior Court of Pennsylvania.

Filed April 24, 1995.


Attorney(s) appearing for the Case

James N. Gross, Philadelphia, for appellant.

Charles W. Craven, Philadelphia, for appellee.

Before WIEAND, BECK and BROSKY, JJ.


WIEAND, Judge:

Does an ice cream company owe a duty to an independent contractor, who sells the company's products from a leased truck along a pre-assigned route, to protect the vendor from criminal assault by unknown third parties? The trial court held that no such duty existed and entered summary judgment for the ice cream company in an action against it by the vendor. After careful review, we affirm.

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