Eric Munzenmayer and Kathryn Munzenmayer, His Wife v. Lit Brothers, Inc., City Stores Company, Lit Brothers Division of City Stores Company

The plaintiff-appellee, Kathryn Munzenmayer, was injured when she fell from a step in the outer vestibule of the defendant’s store in Philadelphia, sustaining injuries. The plaintiff-appellee, Eric Munzenmayer, incurred medical expenses by reason of her injuries and suffered loss of consortium and his wife’s services. The case was tried by a jury which rendered verdicts in favor of the plaintiffs. A motion for judgment n.o.v. was made by the defendant-appellant. This was denied and the appeal followed.

Two points are raised by the defendant. It asserts that it was not negligent and that the…