Gabler v. McColl

CARL R. GAERTNER, Judge.

Plaintiff, Daniel Gabler, appeals from an order dismissing his personal injury action for lack of subject matter jurisdiction. We affirm.

Plaintiff and defendant are employees of McGrath Machine Company, Inc. Defendant, James F. McColl, Jr., is president and a shareholder of McGrath Machine Co., Inc. Defendant and his wife are co-owners of the building which is where McGrath Machine Co. Inc., is located and where the accident occurred.

In 1975, defendant McColl engineered, designed, and built an elevator/dumbwaiter in the building. The dumbwaiter ran from the first floor…