D'Allessio v. Ray's Pharmacy

This is an action of tort to recover damages for personal injuries arising out of a fall sustained by the plaintiff on the premises of the defendant due to the existence of a defective condition of said premises. The answer is a general denial with a specific plea of assumption of risk, contributory negligence, statute of limitations, and the absence of negligence on the part of the defendant or his service-employes.

The court found for the defendant.

At the trial there was evidence tending to show that:

The plaintiff was a truck driver employed by Cott Brothers and that on September 25, 1971,…