D'ARDENNE v. STRAWBRIDGE & CLOTHIER, INC.


712 A.2d 318 (1998)

Jack D'ARDENNE, a minor, by his parents and natural guardians, David D'ARDENNE and Catherine D'Ardenne, and David D'Ardenne and Catherine D'Ardenne, his wife, in their own right, Appellants, v. STRAWBRIDGE & CLOTHIER, INC. and Westinghouse Elevator Company, Division of Schindler Corporation.

Superior Court of Pennsylvania.

Filed May 12, 1998.

Reargument Denied July 20, 1998.


Attorney(s) appearing for the Case

Norman Segal, Philadelphia, for appellants.

John A. Fitzpatrick, Philadelphia, for Strawbridge & Clothier, appellee.

Kevin Connors, Wilmington, DE, for Westinghouse Elevator, appellee.

Before JOHNSON and FORD ELLIOTT, JJ., and MONTEMURO, Senior Judge.


FORD ELLIOTT, Judge:

In this appeal, we are asked to decide whether the trial court erred when it refused to give a res ipsa loquitur instruction because appellant presented specific evidence of negligence. Finding error, we reverse and remand for a new trial.

The facts, about which the parties do not disagree, follow. This civil action was commenced on March 25, 1991 by complaint filed by the parents of minor...

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