Orlando Associate Casey Nelson recently drafted a compelling motion for summary judgment in a premises case in which the Plaintiff alleged injuries after elevator doors allegedly closed on him in a parking garage.
Plaintiff testified that he believed the doors closed due to a malfunction. However, he presented no expert testimony supporting that claim, nor was there a history of prior accidents/complaints. We moved for summary judgment asserting that there was no evidence that the owner knew or should have known of any defect or malfunction, assuming there even was a malfunction.
At the hearing, Plaintiff argued that the owner should have known of problems with doors because the maintenance company had been out to repair the elevator (for unrelated reasons) 4 times in the preceding 6 months. Additionally, Plaintiff argued that the owner failed to maintain the elevator due to a lack of inspections and because the elevator certificate showed that it was overdue for inspection. He also claimed he was entitled to an inference based on the doctrine of res ipsa.
The judge disagreed and granted our motion.
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