Gilbert v. Korvette's, Inc.

Opinion by

Hoffman, J.,

We are presented on appeal with the question of whether either or both a department store-operator of an escalator and the company which manufactures and services said instrumentality may be held liable under the theory of res ipsa loquitur to a plaintiff who is injured while a passenger on the escalator in defendant’s store.

This appeal arises from an action for damages for personal injuries sustained by Crestón Gilbert, then a minor under the age of four, on August 20, 1960, while in the store of E. J. Korvette, Inc. The minor-plaintiff, who was wearing high sneakers or…