Bias v. Montgomery Elevator Co. of Kansas, Inc.

The opinion of the court was delivered by

Owsley, J.:

The plaintiff, John C. Bias, Jr., brings this action against the defendant, Montgomery Elevator Company of Kansas, Inc., for personal injuries sustained when he was a passenger in a falling elevator at St. Francis Hospital in Wichita, Kansas. Plaintiff relies on the doctrine of res ipsa loquitur to establish the negligence of defendant who was responsible for the maintenance of the elevator under an exclusive service contract. The trial court held res ipsa loquitur was not applicable and sustained a motion for a directed verdict at the close…