Bonn v. Sears, Roebuck & Company

REED, Judge.

Plaintiff-appellant, Stephen F. Bonn, sued defendant-appellee, Sears, Roebuck & Company (hereinafter called Sears), for personal injuries sustained by a fall into a grease pit in an automobile service station operated by Sears. Sears moved for a summary judgment in its favor. Considered on the motion were the plaintiff’s deposition taken by the defendant for discovery purposes, and an affidavit of plaintiff’s brother who was with him when he fell. The trial court sustained Sears’ motion for a summary judgment on the ground that plaintiff was shown to have been con-tributorily…