Helgerson v. Mammoth Mart, Inc.

This case is before us on an appeal filed by the third-party plaintiff, Mammoth Mart, Inc., from an order entered in the Superior Court granting a motion of the third-party defendant, O’Halloran, for a summary judgment.

The action was commenced by a complaint filed by plaintiff, Nathan J. Helgerson, in 1971, alleging that defendant, Mammoth Mart, “sometime between July 13, 1970 and July 15, 1970,” stored ammunition for a pistol “* * * in full view of the public in a display case which was so broken that ammunition could be taken from it hy patrons of the store.” The complaint further alleged…