Sommese v. Maling Brothers, Inc.

Defendant appeals from a $25,000 verdict and judgment awarded plaintiff, Mary Sommese, for personal injuries alleged to have been sustained when, on a rainy day, plaintiff, a prospective customer, fell in an entryway of defendant’s store. In answer to a special interrogatory, the jury found plaintiff not guilty “of any contributory negligence which was a proximate cause of said occurrence.”

Defendant’s contentions are: (1) Defendant was not shown to be negligent. (2) Plaintiff was guilty of contributory negligence as a matter of law. (3) The verdict and answer to the interrogatory were against…