Greet v. Otis Elevator Company

• Decision Date: 29 January 1963
• Docket Number: No. 3083.,3083.
• Citation: 187 A.2d 896
• Parties: Gertrude GREET, Appellant, v. OTIS ELEVATOR COMPANY, a corporation, and the Virginia Hotel Company, a corporation, Appellees.
• Court: D.C. Court of Appeals

187 A.2d 896

Gertrude GREET, Appellant, v. OTIS ELEVATOR COMPANY, a corporation, and the Virginia Hotel Company, a corporation, Appellees.

No. 3083.

District of Columbia Court of Appeals.

Argued October 22, 1962.

Decided January 29, 1963.

Rolland G. Lamensdorf, Washington, D. C, for appellant.

Joseph S. McCarthy, Washington, D. C., with whom Joseph P. Clancy, Washington, D. C., was on the brief, for appellee Otis Elevator Co.

James C. Gregg, Washington, D. C., with whom Hugh Lynch, Jr., Washington, D. C., was on the brief, for appellee Virginia Hotel Co.

Before HOOD, Chief Judge, QUINN, Associate Judge, and CAYTON (Chief Judge, Retired) sitting by designation under Code § 11-776(b).

HOOD, Chief Judge.

Appellant was an employee of a tenant in an office building known as the Wyatt Building and owned by The Virginia Hotel Company. She brought this action against the building owner and Otis Elevator Company for damages suffered when the doors of an automatic elevator in the building struck her as she was entering it.

The building has four elevators which were formerly manually operated. On July 7, 1958, the building owner contracted with Otis for the conversion of the elevators from manual to automatic operation. When work commenced is not shown by the record, but work was in progress on August 3, 1960, when the accident occurred. At that time elevator 4 had been converted and as appellant entered it the door closed, striking her violently on the left side and throwing her to the rear of the elevator.

Appellant proved only the accident. She offered no evidence as to the cause or reason therefor. Both defendants moved for directed verdicts at the close of appellant's case. The court denied the motions, but ruled that appellant could proceed against the building owner only on the theory of res ipsa loquitur and against Otis only on a theory of specific negligence.¹ The motions were renewed at the close of all the evidence, but the court adhered to its former ruling and submitted the case to the jury, instructing the jury that a verdict might be returned against the building owner under the doctrine of res ipsa loquitur if it found that the elevator was in the exclusive control of that defendant, and that a verdict might be returned against Otis on proof of specific negligence on its part. The jury returned a verdict for appellant against Otis in the sum of $662.50 and a verdict for her in the same amount against the building owner. (More will later be said about the form of the verdict.) Thereafter the court granted judgments n. o. v for both defendants and this appeal followed.

In our opinion the evidence was such that the court should have instructed the jury on the doctrine of res ipsa loquitur with respect to both defendants, and that it was for the jury to determine whether either or both defendants had control of the elevator at the time of the accident. "It is not necessary for the applicability of the res ipsa loquitur doctrine that there be but a single person in control of that which caused the damage." Schroeder v. City & County Say. Bank, 293 N.Y. 370, 57 N.E.2d 57. The doctrine may apply against two defendants if there is joint control and in a proper case it is for the jury to say whether either or both had control. Biondini v. Amship Corporation, 81 Cal.App.2d 751, 185 P.2d 94. See also, Meny v. Carlson, 6 N.J. 82, 77 A.2d 245, 22 A.L.R.2d 1160; Enslein v. Hudson & Manhattan Railroad Company, 8 Misc.2d 87, 165 N.Y.S.2d 630, modified on other grounds, 176 N.Y.S.2d 70, 6 A.D.2d 833, affirmed 6 N.Y.2d 723, 185 N.Y.S.2d 810, 158 N.E.2d 504; Annot. 38 A.L.R.2d 905, 908. Cf. Biaggi v. Giant Food Shopping Center, 100 U.S.App.D.C. 338, 244 F.2d 786.

Although, in order not to interrupt service, Otis converted one elevator at a time, its contract called for conversion of the four elevators. When the accident occurred work...