Gilbert v. Korvette's, Inc.

Concurring and Dissenting Opinion by

Packel, J.:

The crushing of a three year old boy’s toe by an escalator in a department store presents the question of whether both the store and an independent maintenance contractor can be held liable under the doctrine of res ipsa loquitur. The plaintiffs sued the store and the contractor which had installed the escalator less than one year prior to the accident and which thereafter inspected, serviced, and maintained it weekly. The case was submitted to the jury under the theory of res *373ipsa loquitur as applied to both defendants, and the jury found for…