BIRT v. K-MART INC.


34 Pa. D. & C. 4th 151 (1997)

Birt v. K-Mart Inc.

Common Pleas Court of Berks County, Pennsylvania.

March 13, 1997.


Attorney(s) appearing for the Case

Eugene J. Maginnis Jr., for appellant.

Frank A. Baker III, for appellee.


STALLONE, J., March 13, 1997.

On May 19, 1990, the appellant, Diane Birt, was loading peat moss into her automobile in the rear of a department store owned and operated by the appellee, K-Mart Inc., when she tripped and fell over an allegedly broken wooden pallet which was covered with plastic wrapping. The store is located at 3405 North Fifth Street Highway in Muhlenberg Township.

She subsequently commenced this "slip and fall" action to recover...

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