Davidson v. Otis Elevator Co.

KAROHL, Judge.

Plaintiff, Herschel Davidson, sued defendant, Otis Elevator Company, alleging defendant breached a duty of care to inspect, test and repair a hydraulic line of a self-operating elevator. The elevator served a four-story building in which plaintiff worked as a custodian. Plaintiff entered the elevator on the second floor. It “plunged down” and came to a bouncing stop at the first floor. Plaintiffs verdict directing instruction submitted his claim of negligence on the doctrine of res ipsa loqui-tur. An instruction defining negligence was, therefore, mandatory. Cunningham v. Hayes,…