Lyster v. Metzger

Langenbach, J. †

Appellant David K. Lyster sued to recover damages for injuries he allegedly sustained during the overtraveling of the elevator in the Hotel Sorrento in Seattle, March 10, 1960. The Otis Elevator Company (herein called Otis) was made a third-party defendant inasmuch as it had serviced the elevator in the hotel. Respondents sought an indemnity from Otis in event of a judgment for appellant.

At the close of the testimony, the court granted a motion to establish respondents’ liability as a matter of law. It also granted a motion of dismissal of Otis as a matter of law. The question…