Sirna v. APC Building Corp.

CLARK, Chief Judge.

Plaintiffs below, Gary and Ruby Sima, had judgment against APC Building Corporation for injuries Gary sustained when he fell into an elevator shaft in a building owned by APC. The latter appeals, and raises issues which generally contest the sufficiency of the evidence to establish plaintiffs’ case.

The cause was tried to the court sitting without a jury. The decision found in favor of plaintiffs, but apportioned fault 75 percent to Gary and 25 percent to APC. Gary’s damages were set at $160,000 and Ruby’s at $20,000. After applying the percentages of fault, the resulting…