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ANTHONY KOJESZEWSKI AND BEVERLY KOJESZEWSKI v. BRIGANTINE CASTLE AND AMUSEMENT CORPORATION (03/10/82)

submitted: March 10, 1982.

ANTHONY KOJESZEWSKI AND BEVERLY KOJESZEWSKI, APPELLANTS,
v.
BRIGANTINE CASTLE AND AMUSEMENT CORPORATION



No. 1469 Philadelphia, 1980, Appeal from the Order of the Court of Common Pleas, Trial Division-Law, of Philadelphia County at No. 376 September Term 1977.

COUNSEL

Edwin P. Smith, Philadelphia, for appellants.

Joel Feldscher, Philadelphia, for appellee.

Wickersham, Cirillo and Lipez, JJ. Lipez, J., files a concurring opinion.

Author: Wickersham

[ 302 Pa. Super. Page 501]

On September 8, 1977, Anthony and Beverly Kojeszewski filed a complaint in trespass against Brigantine Castle and Amusement Corp. alleging basically that on or about June 30, 1977, Anthony Kojeszewski was a paying customer upon premises at 1400 Brigantine Avenue, Brigantine, New Jersey, which property defendant owned and operated as an amusement facility. On said occasion plaintiff alleged that he "was caused to fall down a flight of stairs due to the absence of illumination at said location." Beverly Kojeszewski joined in her husband's complaint alleging loss of society and consortium and other damages.

The case came on for jury trial before the Honorable Charles Wright and on March 7, 1980 a verdict was returned in favor of the plaintiff in the amount of $42,250.00.

[ 302 Pa. Super. Page 502]

Thereafter counsel for the plaintiffs filed a bill of costs as follows:

BILL OF COSTS

Sheriff's costs $17.35

Prothonotary costs 83.00

Witness fee-Anthony Kojeszewski, Jr. 5.00

Tobyhanna, Pa.; 200 miles 20.00

Oral depositions 98.15

Video depositions and testimony 722.55

TOTAL $946.05

     to which defendants objected:

DEFENDANT'S OBJECTIONS TO PLAINTIFF'S ...


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