Metropolitan Atlanta Rapid Transit Authority v. Mitchell

Phipps, Judge.

Metropolitan Atlanta Rapid Transit Authority (MARTA) and Schindler Elevator Corporation appeal the judgment entered against them upon a jury verdict in favor of Donna Mitchell, contending that the trial court should have directed a verdict in their favor with respect to her claim for attorney fees. We agree. For reasons that follow, the judgment is reversed, and MARTA and Schindler are entitled to a new trial. This case is remanded for proceedings not inconsistent with this opinion.

On December 2,2003, Mitchell was injured when she tripped and fell when boarding an elevator at a…