White v. J. Weingarten, Inc.

HEARD, Judge.

This is an action in tort wherein plaintiff, Mrs. Evelyn C. White, seeks to recover from defendant J. Weingarten, Inc. damages for injuries allegedly sustained by and resulting from the fall of a Coca Cola bottle from a shopping basket in a retail grocery store owned and operated by Wein-garten’s on August 4, 1970. It is alleged that the bottle shattered upon falling out of the basket onto the floor striking plaintiff and causing a laceration on the inner aspect of her right foot above the heel.

Defendant’s liability is predicated upon its knowledge that the bottle was in the cart…