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Iandiorio v. Kriss & Senko Enterprises, Inc.
Pennsylvania Supreme Court
517 A.2d 530 (1986)
Ciro Iandiorio (plaintiff) worked as a gas-station attendant. He was tasked with pumping gas and collecting payment from customers. Kriss and Senko Enterprises (Kriss and Senko) (defendant) was remodeling the station where Iandiorio worked. One day, Iandiorio was assisting a customer when he accidentally spilled gas on his clothes. Iandiorio went into the gas-station building and told an employee of Kriss and Senko about what happened. The employee was on his break drinking coffee and, despite knowing Iandiorio’s clothes were soaked in gasoline, lit a cigarette a few feet away from him. This caused Iandiorio’s clothes to catch fire, and Iandiorio suffered serious burns as a result. Kriss and Senko knew several of its employees smoked on their breaks, so Kriss and Senko designated a specific spot for smoking. The employee lit the cigarette in the designated smoking area when this action caused Iandiorio’s clothes to catch fire. Iandiorio brought suit against Kriss and Senko. Kriss and Senko moved for a compulsory nonsuit after Iandiorio presented his case before the jury. Iandiorio moved to strike the nonsuit, and court of common pleas denied his motion. Iandiorio appealed, and the superior court affirmed the trial court’s denial. Iandiorio appealed again to the Supreme Court of Pennsylvania.
Rule of Law
Holding and Reasoning (Larsen, J.)
Dissent (Flaherty, J.)
Dissent (Nix, C.J.)
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