BEVERLY FERGUSON AND EMANUEL EDELSTEIN AND GEORGE GOLDBLUM D/B/A MG INVESTMENTS, APPELLANTS,
v.
WESTINGHOUSE ELECTRIC CORPORATION AND LIBERTY MUTUAL INSURANCE COMPANY, APPELLEES
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Beverly Ferguson was injured when an elevator in a building owned by M.G. Investments abruptly stopped, throwing her to the floor. The trial court directed a verdict for the defendants, but the appellate court reversed, holding that res ipsa loquitur doctrine applies to elevator accidents and a jury should decide the case.
The court reversed the directed verdicts and held that res ipsa loquitur is particularly applicable in elevator cab cases. Because the elevator was under the exclusive control and maintenance of the defendants, and the plaintiff did nothing to cause the abrupt stop, the doctrine permits the case to proceed to a jury trial. A maintenance contract between the building owner and the elevator company does not relieve the building owner from liability to passengers injured in the elevator.
[1] The doctrine of res ipsa loquitur is particularly applicable in cases involving injuries sustained from the abrupt stopping of an automatic elevator cab.
[2] A building owner's contractual delegation of elevator maintenance to a third party does not relieve the owner of liability to passengers injured by the elevator.
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Join FLexlaw to unlock all legal intelligence“Such a vehicle is uniquely under the control and maintenance of the defendants and the doctrine of res ipsa loquitur is particularly applicable in elevator cab cases.”
Establishes that res ipsa loquitur applies specifically to elevator accidents due to the exclusive control of the defendants.
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Join FLexlaw to unlock all legal intelligenceFerguson, a business invitee employee of a building tenant, entered an automatic elevator on the tenth floor of a building owned by M.G. Investments. …
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BARKDULL, Judge.
Beverly Ferguson, an employee of a tenant in a building owned by M.G. Investments, entered the cab of an automatic elevator on the tenth floor. The elevator started down, picked up speed and came to a sudden stop at the sixth floor, due to the third strata of emergency stopping devices. The stop was abrupt, like a “bomb going off in the building”. The plaintiff was thrown to the floor of the elevator cab, suffering injuries.
Ferguson brought suit against Emanuel Edelstein and George Goldblum, d/b/a M.G. Investments, as owner of the building including the elevator and the automatic cab thereof, and Westinghouse Electric Corporation, the company that designed, manufactured, installed and serviced the elevator pursuant to a written agreement with M.G. Investments. M.G. Investments cross-claimed against Westinghouse, contending that if it was liable to the plaintiff the cross-defendant was liable over to the cross-plaintiff because of their contractual relationship.
At trial, the plaintiff presented her case under the theory of res ipsa loquitur. At the conclusion of the plaintiff’s case, the trial court directed a verdict and ultimately entered a final judgment for both defendants on plaintiffs claim and subsequently entered a final judgment for the cross-defendant on the crossclaim because of the judgment theretofore entered on the directed verdict. The plaintiff has appealed the adverse final judgment entered on the directed verdict at the conclusion of her case, and M.G. Investments has appealed the adverse final judgment on its crossclaim. The cases have been consolidated for disposition in this court.
We reverse both final judgments. The plaintiff was a business invitee in the building owned by the defendant, M.G. Investments. She entered an automatic elevator cab in a highrise building and the elevator “had a momentary interruption of normal operation”, which caused it to come to other than a normal stop causing injuries to her. The evidence disclosed that the plaintiff did nothing to cause the cab to come to an abrupt stop. The defendants had complete ownership and control of this automatic elevator cab.1 Such a vehicle is uniquely under the control and maintenance of the defendants and the doctrine of res ipsa lo- quitur is particularly applicable in elevator cab cases. Commercial Union Insurance Co. v. Street, 327 So. 2d 113 (Fla. 2d DCA 1976); Otis Elevator Co. v. Seale, 334 F. 2d 928 (5th Cir. 1964); Bond v. Otis Elevator Co., 388 S.W. 2d 681 (Tex.1965); 21 Fla. Jur.2d, Elevators and Escalators, § 10; 26 Am.Jur.2d, Elevators and Escalators, §§ 67-69; Anno., 64 A.L.R.3d 950, § 15, page 978.2
We reverse both final judgments and return the matter to the trial court for purposes of a new trial.
Reversed and remanded with directions.
. M.G. urges that the directed verdict was correct as to it because it did not control or maintain the elevator; this was the contract responsibility of Westinghouse. M.G. may prevail on its crossclaim if it is ultimately held liable to the plaintiff, but the maintenance contract will not relieve M.G. from liability to passengers injured in the elevator cab owned by it, which partakes of a dangerous instrumentality. Commercial Union Insurance Co. v. Street, supra; Tippecanoe Loan & Trust Co. v. Jester, 180 Ind. 357, 101 N.E. 915 (1913); Compare: Mills v. Krauss, 114 So. 2d 817 (Fla. 2d DCA 1959).
. Anno., 64 A.L.R.3Ü 950.
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Webb v. Priest, 413 So. 2d 43 (Fla. 3d DCA 1982)…er or employer will not be held liable for acts of an independent contractor. Exceptions to the general rule, as carved out in Florida decisions, are where (1) the activity is inherently dangerous, see, e.g., Ferguson v. Westinghouse Electric Corp., 408 So. 2d 659 (Fla. 3d DCA 1981); Atlantic Coast Development Corp. v. Napoleon Steel Contractors, Inc., 385 So. 2d 676 (Fla. 3d DCA 1980), (2) the owner/employer has contractually assumed responsibility, Levitz Furniture Company v. Continental Equities, Inc., 411…
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Burns v. Otis Elevator Co., 550 So. 2d 21 (Fla. 3d DCA 1989)…e established, actual or constructive notice to defendant of any defect in the instrumentality is immaterial. See Coaster. “[T]he doctrine of res ipsa loquitur is particularly applicable in elevator cab cases.” Ferguson v. Westinghouse Elec. Corp., 408 So. 2d 659 (Fla. 3d DCA 1981), review denied, 418 So. 2d 1281 (Fla.1982); see also Davis v. Otis Elevator Co., 515 So. 2d 277 (Fla. 5th DCA 1987), review denied, 520 So. 2d 585 (Fla.1988). The threshold inquiry is whether the accident is one which does not ord…1 / 2
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Davis v. Otis Elevator Co., 515 So. 2d 277 (Fla. 5th DCA 1987)…rect evidence of the exact cause of the malfunction, the theory of res ipsa loquitur was indirectly presented to the jury. The doctrine of res ipsa loquitur is “particularly applicable” in elevator cab cases. Ferguson v. Westinghouse Electric Corp., 408 So. 2d 659 (Fla. 3d DCA), rev. denied, 418 So. 2d 1281 (Fla.1982). The evidence was sufficient to go to the jury on the question of Otis’ negligent maintenance of the elevator and thus the trial court did not err in denying the motion for directed verdict. [*2…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Mills v. Otto Krauss, 114 So. 2d 817 (Fla. 2d DCA 1959)
- Otis Elevator Co. v. Fay Ann Seale, 334 F.2d 928 (5th Cir. 1964)
- Commercial Union Ins. Co. v. Street, 327 So. 2d 113 (Fla. 2d DCA 1976)