Gilmore v. Lick Fish & Poultry, Inc.

On September 10, 1963, plaintiff sued to recover damages for personal injuries allegedly sustained on October 18, 1962, in a fish and poultry market. Plaintiff stated that her injuries were caused by the negligent conduct of defendant Luigi Sesto while acting within the scope of his employment by defendant Excelsior Fish and Poultry, which allegedly owned and operated the market. Defendant Excelsior’s liability was predicated upon a respondeat superior theory and, in addition, upon its independent negligence in maintaining an unsafe condition within its market. Also named as defendants were…