Cooley v. Jefferson Bank

WIEAND, Judge:

On November 21, 1979, Lilly Cooley stumbled over a satchel which had been allowed to remain on the floor of the lobby of the Jefferson Bank in Philadelphia. She grabbed a counter to maintain her balance and aggravated the preexisting, degenerative arthritis in her shoulder. A jury found that Mrs. Cooley had been 30% negligent and the Bank 70% negligent. Damages, the jury determined, were in the amount of $48,500. On appeal from the judgment entered on the verdict, Mrs. Cooley contends: (1) that the trial court erred when it refused to instruct the jury on “momentary…