Dover Elevator Company v. Swann

638 A.2d 762 (1994)

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Nature of the Case

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Facts

Swann (P) was injured while attempting to board an elevator that allegedly failed to level properly with the floor. Upon entering elevator number, P stumbled (but did not fall) and struck his back on the rear wall of the elevator car. Upon entering elevator number, P stumbled (but did not fall) and struck his back on the rear wall of the elevator car. The elevator was allegedly 'somewhere around a foot' or 'somewhat greater than about a foot' lower than the level of the floor from which P entered the elevator. P was preoccupied talking to someone else and did not see the level of the elevator car as he entered. P sued Prudential Insurance Company of America and D for $3,000,000.00. At trial, P offered the expert testimony of Donald Moynihan, an elevator consultant, and engineer. The expert testified in great detail how Ds were negligent in maintaining the elevator. From this testimony, P contends the elevator's misleveling was probably caused by an irregular current running between the number 14 and 15 contacts. The trial court refused to instruct on res ipsa loquitur. The verdict went to Ds, and P appealed. It held the trial court erred in not giving the instruction. It reversed against D and D appealed.