Martinson v. City of Alpena

Madeleine Martinson, a special nurse, brought an action against the city of Alpena for injuries sustained when she fell down the elevator shaft at the Alpena General Hospital. The safety catch had failed to prevent the guard door from being opened when elevator was at another floor. At the conclusion of proofs, defendant moved for a directed verdict on the grounds of governmental immunity and contributory negligence. The trial court reserved ruling under the Empson act (CL 1948, § 691.691 [Stat Ann 1949 Cum Supp § 27.1461]) and submitted the case to the jury. A verdict for plaintiff was…