Gerisch v. McElhone

Dissenting Opinion by

Ervin, P. J.:

I must respectfully dissent from the majority opinion in this case because I am convinced that plaintiff was contributorily negligent as a matter of law.

On April 3,1964 at or about 4 p.m. the plaintiff had entered a 50-foot wide driveway leading into a parking area at the Lawrence Park Shopping Center in Delaware County, Pennsylvania. The plaintiff had turned into the driveway from a street called Parkway. The distance from that street to the rear parking area is 250 feet. There is a curbing from Parkway to the rear parking lot on the southerly side of the…