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Torts keyed to Best
Dover Elevator Co. v. Swann
Citation:
334 Md. 231, 638 A.2d 762 (1994)Facts
David Swann was injured while attempting to enter an elevator that was not properly level with the ground. He sued both Dover Elevator Company, the company that manufactured, installed, and maintained the elevator, and Prudential Insurance Company of America, the owner of the building. At the trial, Swann offered the direct testimony of Donald Moynihan, an elevator consultant and engineer. Moynihan argued for several instances of specific negligence, including Dover’s negligent cleaning of contacts on the elevator, servicing of the elevator, and record keeping.
The trial court granted a jury verdict for the defendants. Swann appealed, claiming that the trial court erred in refusing toinstruct the jury on the doctrine of res ipsa loquitor. The appellate court upheld the verdict for Prudential, but reversed the verdict for Dover. Dover appealed, claiming that Swann could not both offer direct evidence of breach and claim res ipsa loquitor.
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