Landy v. Romeo

LIPEZ, Judge:

James Landy here appeals the trial court’s refusal to strike or remove the nonsuit it ordered at the close of plaintiff’s evidence. We reverse and remand for new trial.

At the time of the incident at issue, Landy was an employee of a tenant of appellee Romeo’s commercial building. On the morning of October 17, 1974, Landy left the building and walked towards the street, across the sidewalk abutting the side of the building from which he had exited. A space approximately fourteen inches wide between the sidewalk and the curb had been filled in with asphalt, which had sunk to a…