Cash v. Otis Elevator Co.

I concur in the result as to Mueller Apartments, but dissent from much of what is said with respect to Mueller *339Apartments, and dissent from the majority holding as to Otis:

I concur with the majority that Mueller Apartments raised no issue of material fact on which it had a right to a jury decision. There can be no conclusion of fact but that on the early morning of August 20, 1981, Mueller was in violation of the state building code, and its counterpart elevator code because of the defective condition of the brass door latch which was a part of the interlock system.

It necessarily follows that…