Legal Opinion
Dougherty v. Great Atlantic & Pacific Tea Co.
Superior Court of Pennsylvania
Decided April 17, 1972No. Appeal, No. 1291PublishedCited by 7 opinions
1Opinion of the Court
Opinion by
Packel, J.,
A jar of olives fell from a shelf in a supermarket and struck a shopper. The jury returned a verdict for the shopper in the amount of $11,497.45, but judgment n.o.v. was granted by the court.
The real question presented by this appeal is whether the stacking of goods for selection by consumers on a shelf six feet or higher is sufficient to warrant a jury conclusion of liability. The assistant manager of the supermarket testified that he was 5' 11" and that he would have to take a short stretch to get up to the top shelf. The shopper was approximately 5' tall. On the top…
2Cases cited10 opinions
- Pratt v. WomackSupreme Court of Oklahoma · 1961
- Rogers v. Horn & Hardart Baking Co.Superior Court of Pennsylvania · 1956
- Cohen v. Penn Fruit Co.Superior Court of Pennsylvania · 1960
- Declerico (Et Ux.) v. Gimbel Bros., Inc.Superior Court of Pennsylvania · 1946
- Wooley v. Great Atlantic & Pacific Tea Co.Court of Appeals for the Third Circuit · 1960
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3Cited by7 opinions
- Neve v. Insalaco'sSuperior Court of Pennsylvania · 2001
- Paul v. Hess Bros.Superior Court of Pennsylvania · 1973
- Meek v. Wal-Mart Stores, Inc.Connecticut Appellate Court · 2002
- O'Shea v. K. Mart Corp.New Jersey Superior Court Appellate Division · 1997
- Pullia v. Builders Square, Inc.Appellate Court of Illinois · 1994
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