Kucken v. Hygrade Food Products Corp.

On February 3, 1966, plaintiff Stanley Kucken, a licensed elevator repairman, went to one of defendant corporation’s buildings to service an elevator. While atop the elevator car the wire mesh top collapsed, plummeting Kucken to the car’s floor. He seriously and permanently injured his left leg, losing seven months’ work. He brought this action alleging negligence and negligence per se. Plaintiff Constance Kucken, his wife, joined in the suit alleging loss of consortium. The jury returned verdicts of $36,000 for Mr. Kucken and $8,500 for Mrs. Kucken. Defendant appeals as a matter of right.

Defe…