Moultrey v. Great a & P Tea Co.

CERCONE, President Judge:

This is a “slip and fall” case in which the question presented is, whether in order to make out a prima facie case in a negligence action predicated upon the Restatement (Second) of Torts § 348 (1965), appellant-invitee must prove that appellee-proprietor had either actual or constructive notice of the offending transitory condition which allegedly caused appellant’s harm. The lower court, relying primarily upon Martino v. Great Atl. & Pac. Tea Co., 419 Pa. 229, 213 A.2d 608 (1965) [hereinafter Martino] held that appellant-invitee, Ms. Moultrey, had such a burden and…