Legal Opinion · Dissent
Burgess v. Otis Elevator Co.
Appellate Division of the Supreme Court of the State of New York
Decided November 19, 1985Published
1Dissent
Sullivan and Carro, JJ.,
dissent in a memorandum by Sullivan, J., as follows: Plaintiff, Vilma Burgess, an employee of Morgan Guaranty, suffered a herniated disc when she stumbled and fell as she left an automatic elevator which had stopped four or five inches above floor level at Morgan’s 15 Broad Street building. The jury returned a verdict in her favor in the sum of $823,240, and awarded her husband $194,240 for loss of services. The court submitted the case to the jury on a theory of negligence and charged the doctrine of res ipsa loquitur. Otis Elevator, which, pursuant to contract with…
2Cases cited10 opinions
- Rogers v. Dorchester AssociatesNew York Court of Appeals · 1973
- Corcoran v. Banner Super Market, Inc.New York Court of Appeals · 1967
- Weeden v. Armor Elevator Co.Appellate Division of the Supreme Court of the State of New York · 1983
- Zaninovich v. American Airlines, Inc.Appellate Division of the Supreme Court of the State of New York · 1966
- Manley v. New York Telephone Co.New York Court of Appeals · 1951
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