Grimm v. Scoa Industries

SAWYER, P.J.,

This case comes before us on the preliminary objections of defendant, Scoa Industries, a/k/a Hill's Department Stores, to the second count of plaintiffs’ complaint.

Plaintiffs aver that on or about October 25,1977, Beverly Grimm and her minor son, Eric, were shopping in defendant’s store in the Green Garden Plaza, Hopewell Township, Beaver County, Pa. While minor plaintiff was situated in a shopping cart provided by defendant, the cart tipped over, causing him to be injured.

A complaint was filed in trespass and assumpsit. The first count alleged negligence on defendant’s part; and…