Legal Opinion

Phillips v. Fujitec America, Inc.

District of Columbia Court of Appeals

Decided September 2, 2010No. 09-CV-480PublishedCited by 11 opinions

1Opinion of the Court

KRAMER, Associate Judge:

Dawn Marie Phillips fell to her death when she attempted to get out of an elevator that had stalled between floors in the Residences at Gallery Place Condominium on the evening of November 24, 2005. Her parents brought this negligence action against appellees, alleging that they failed to properly maintain and safely operate the elevator. After discovery, the trial court held, as a matter of law, that no reasonable juror could find for appellant because Ms. Phillips had assumed the risk of injury by attempting to leave the elevator while it was stuck between floors.…

2Cases cited20 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Holland v. HannanDistrict of Columbia Court of Appeals · 1983
  3. Mas v. Two Bridges AssociatesNew York Court of Appeals · 1990
  4. Lively v. Flexible Packaging Ass'nDistrict of Columbia Court of Appeals · 2003
  5. Scoggins v. JudeDistrict of Columbia Court of Appeals · 1980

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3Cited by11 opinions

  1. Pajic v. Foote Properties, LLCDistrict of Columbia Court of Appeals · 2013
  2. Kumar v. District of Columbia Water & Sewer AuthorityDistrict of Columbia Court of Appeals · 2011
  3. Blake v. Securitas Security Services, Inc.District Court, District of Columbia · 2013
  4. Bell v. Elite Builders and Hvac Inc.District Court, District of Columbia · 2013
  5. Civic v. Signature Collision Centers, LLC & H.P. West End, LLCDistrict of Columbia Court of Appeals · 2019

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