IMBRAGUGLIO v. GREAT ATLANTIC TEA CO. INC.

No. 80, Sept. Term, 1999.

747 A.2d 662 (2000)

358 Md. 194

Ethel IMBRAGUGLIO et al. v. GREAT ATLANTIC & PACIFIC TEA COMPANY, INC. et al.

Court of Appeals of Maryland.

March 10, 2000.


Attorney(s) appearing for the Case

Eugene A. Shapiro (Shapiro & Dorman, P.A., on brief), Baltimore, for petitioners.

Anthony G. Lardieri (Anthony J. Zaccagnini, Semmes, Bowen & Semmes, on brief), Baltimore, for respondents.

Argued before BELL, C.J., and ELDRIDGE, RODOWSKY, RAKER, WILNER, HARRELL and ROBERT L. KARWACKI (retired, specially assigned), JJ.


RODOWSKY, Judge.

In this wrongful death and survival action the decedent was killed when he fell from a forklift-elevated pallet. The Circuit Court for Baltimore City entered summary judgment in favor of the defendants on the ground that the decedent had assumed the risk of the injury as a matter of law, and, in an unreported opinion, the Court of Special Appeals affirmed on that ground. We issued the writ of certiorari,...

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