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PENN FRUIT, INC. v. CLARK

[No. 91, September Term, 1969.]

256 Md. 135 (1969)

259 A.2d 512

PENN FRUIT COMPANY, INC. T/A BIG VALU STORE v. CLARK

Court of Appeals of Maryland.

Decided December 10, 1969.

Attorney(s) appearing for the Case

Robert H. Bouse, Jr. and John F. King, with whom were Anderson, Coe & King on the brief, for appellant.

John F. Foley, Jr., with whom were George W. White, Jr. and Buckmaster, White, Mindel & Clarke on the brief, for appellee.

The cause was argued before HAMMOND, C.J., and FINAN, SINGLEY, and SMITH, JJ. and W. HARVEY BEARDMORE, Associate Judge of the Fifth Judicial Circuit, specially assigned.

BEARDMORE, J., delivered the opinion of the Court.

Precluded from adducing evidence which, it alleges, would show a lack of permanent injury, Penn Fruit Company, Inc. (Penn) appeals from a $9,000 judgment entered on a jury verdict in favor of Mrs. Ruth L. Clark for her personal injuries when she slipped and fell in the appellant's store on October 29, 1965.

Upon entering Penn's store in the Mondawmin Shopping Center, Mrs. Clark went directly to the meat counter...

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