Davis v. Liberto

Opinion by

Van der Voort, J.,

On May 25, 1971, appellant Nancy Davis was walking through a self-service toy store in the Monroeville Mall Shopping Center, when she was struck on the head and neck by a box falling from a shelf. After leaving the store, but before leaving the Mall, Mrs. Davis developed a headache, which later evolved into a more serious condition. On November 21, 1972, a complaint was filed by Mrs. Davis and her husband Gary Davis, claiming damages sustained as a result of the alleged negligence of appellee store owners.

Trial was held October 1-4, 1974, before a judge and jury,…