Arroyo v. Elevator

The appellant (defendant) brought this appeal to test the correctness of the trial judge’s denial of its motion for involuntary dismissal pursuant to Dist./Mun. Cts. R. Civ. R, Rule 41(b) (3) and ultimately the finding for the plaintiff. We rule that the evidence viewed in the light most favorable to the plaintiff cannot support the trial judge’s finding and therefore judgment must enter for the defendant. The facts necessary for an understanding of the issues are as follows.

The evidence consisted of the testimony of three witnesses. The plaintiff testified that on November 6,1990, he tripped…