Willoughby v. Montgomery Elevator Co.

OPINION

in which HOUSTON M. GODDARD, P.J., and HERSCHEL P. FRANKS, J., joined.

Barbara Willoughby (“Plaintiff”) was injured exiting an elevator at her place of employment. Plaintiff sued Montgomery Elevator Company (“Defendant”) who had a contract with the Department of Energy (“DOE” or “Government”) to service and repair the elevator. The dispositive issue on appeal is whether Defendant is an owner and operator of the elevator and, therefore, should be held to the higher standard of care of a common carrier. The Trial Court determined that the higher standard of care was not applicable and…