Friday, May 26, 2017

A misleveled elevator.

Practice point:  An elevator ordinarily does not mislevel in the absence of negligence, and where the misleveling is caused by an instrumentality or agency within the defendants' exclusive control and is not due to any voluntary action on a plaintiff's part, the case will be submitted to the jury on a theory of res ipsa loquitur.

When res ipsa applies, notice of a defect is inferred, and the plaintiff need not offer any evidence of actual or constructive notice. 

Case in point:  Rojas v. New York El. & Elec. Corp., NY Slip Op 04043 (1st Dep't May 18, 2017)

Here is the decision.

Tuesday's issue:  A contracting party's liability to a third party.