Higgins v. Delta Elevator Service Corp.

Louise Higgins brought this negligence action against Delta Elevator Service Corporation claiming that her preexisting multiple sclerosis was exacerbated as a result of injuries she suffered when she tripped and fell while alighting from an elevator that did not level properly after being serviced by Delta. In a special verdict, the jury found that Delta was negligent, but that Delta’s negligence was not a direct cause of an aggravation or acceleration of Higgins’s multiple sclerosis. *644On appeal, Higgins contends that the judge , erred when instructing the jury as to their evaluation of…