Jackson v. Hearn Brothers, Inc.

CAREY, Justice:

Plaintiff-below seeks reversal of a judgment of the Superior Court based upon a jury verdict.

Hearn Brothers, Inc. (Hearn) operates a supermarket in Wilmington. C & L, Inc. (C & L) is a wholesaler whose warehouse adjoins the supermarket. It is customary, whenever Hearn gives C&L an order for groceries, for an employee of the latter to make delivery by borrowing a grocery cart from Hearn. On the day plaintiff was injured, he was a customer in the supermarket. He was injured by either stepping against, or being struck by, a grocery cart used by Albert Carucci, an employee of C & L…