Fort Lauderdale East Partner, Genevieve Rupelli, prevailed on final summary judgment on behalf of an elevator maintenance company. The Plaintiff testified that an elevator at a hotel had a concealed rear door and lacked sufficient warning that the rear door would open on higher floors. The Plaintiff claimed significant injuries when the rear door opened, while he was leaning against same causing his body to strike the concrete floor.
The defense successfully argued that it did not breach any duty to the Plaintiff since there was no mechanical defect with the elevator that contributed to his injuries. Further, per it's maintenance agreement, the maintenance company had no duty to place warning signs in the elevator regarding the rear door. Lastly, no warning was needed since this was the Plaintiff's second trip up the same elevator.
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