Prestwood v. Taylor

POWERS, Justice.

Ruth Prestwood appeals from a trial-court judgment awarding Vince Taylor $52,514.55 in compensatory damages for injuries he sustained when he fell on a freight elevator situated on premises owned by Prestwood. The judgment rests solely on the trial court’s determination that Prestwood was negligent in failing to discover the dangerous condition of the elevator. We conclude the evidence is insufficient to establish any circumstances giving rise to such a duty on Prestwood’s part. We shall therefore reverse the judgment below and render judgment that Taylor take nothing by his…