Kotes v. Super Fresh Food Markets, Inc.

157 F.R.D. 18 (E.D. Pa 1994)

Facts

Kotes (P) was a business invitee of Super Fresh (D) and allegedly slipped and fell on grapes on the floor of the supermarket on Olney Ave. in Philadelphia. D denied liability and asserted various affirmative defenses. Various disputes arose over the factual interpretation of the exclusion of certain witnesses from testimony at trial.