Millar Elevator Service Co. v. O'SHIELDS

Blackburn, Judge.

Defendants MARTA and Millar Elevator appeal the trial court’s denial of their motion for summary judgment in the suit brought by O’Shields and his wife.1 O’Shields was injured when he and a coworker fell at the Five Points MARTA Station while riding a descending escalator that suddenly stopped with a loud noise and threw them forward.

MARTA contracted with Millar Elevator to assume responsibility to maintain, inspect and service the escalators.2 Millar’s serviceman, Clark, conducted the regular bi-monthly maintenance on the escalator for the six months prior to the incident.…