Grand Union Co. v. Sutter

I respectfully dissent as I am of the opinion that the sole proximate cause of plaintiff’s damages was the negligence of the plaintiff, Elizabeth Sutter.

Plaintiff went shopping at defendant’s grocery store. She selected a grocery cart common to super market stores. It was a wire cart which had a baby seat which contains two holes so designed that a child sitting in the seat may place his legs through them. It is undisputed that plaintiff, Elizabeth Sutter, had been using such shopping carts for a period of three years and that she personally selected the cart on the occasion in question. She…