Ruben's Richmond Dept. Store v. Walker
Decision Date | 31 July 1997 |
Docket Number | No. A97A1245,A97A1245 |
Citation | 490 S.E.2d 536,227 Ga.App. 867 |
Parties | , 97 FCDR 2967 RUBEN'S RICHMOND DEPARTMENT STORE v. WALKER. |
Court | Georgia Court of Appeals |
Glover & Blount, Percy J. Blount, Augusta, for appellant.
Eubanks & Bond, Katherine F. Bond, Michael C. Eubanks, Augusta, for appellee.
Ruben's Richmond Department Store (the store) appeals the $70,000 judgment rendered against it by the jury in the underlying action brought by Cynthia Walker to recover for personal injuries she received while attempting to board the store's elevator. On appeal, the store contends that the trial court erred in allowing certain evidence to be presented to the jury and in failing to grant its motion for directed verdict or motion for judgment n.o.v. For the reasons set forth below, we affirm the jury's award.
1. In its first and second enumerations of error, the store asserts that the trial court erred in denying its motion for directed verdict and motion for judgment n.o.v. (Citations and punctuation omitted.) Professional Consulting Svcs. of Ga. v. Ibrahim, 206 Ga.App. 663, 665, 426 S.E.2d 376 (1992).
The plaintiff, Cynthia Walker, testified that she was injured while boarding the elevator in the store on February 25, 1994. Walker testified that as she was stepping into the elevator with her right foot, the elevator was "making some kind of noise and it shook." She was shaken off balance, her foot got caught between the floor and the elevator, and she fell to her knee. Her foot was lodged from her toe to her instep. Firemen used a Hurst machine to pry open the space where her foot was caught.
This Court has long recognized that mechanical devices get "out of working order, and sometimes become dangerous and cause injury without negligence on the part of anyone." Ellis v. Sears Roebuck & Co., 193 Ga.App. 797, 798, 388 S.E.2d 920 (1989). Evidence of negligence is, therefore, required in the present action. (Citations and punctuation omitted.) Sparks v. MARTA, 223 Ga.App. 768(1), 478 S.E.2d 923 (1996). Slight negligence is found in the absence of such extraordinary diligence. See Millar Elevator, supra at 458, 475 S.E.2d 188. Therefore, we must review the present record to determine if it contains any evidence of slight negligence by the store owner.
Walker presented the testimony of Harry Jackson, a former inspector for the Georgia Department of Labor (DOL). Jackson testified that he had inspected the subject elevator in 1988 and 1989 as part of his job with the DOL. At the May 24, 1988, inspection, Jackson noted that a required five-year test had not yet been done on the elevator, and he gave the store until November 1988 to have the test completed. When Jackson re-inspected the elevator on February 28, 1989, the five-year test had still not been done. The store had also failed to add a required communication device and had not fixed the pit light, problems that had been noted in 1988. He further noted that the elevator was not leveling properly and that there was water in the pit. Jackson extended the time for compliance until March 1989. On June 28, 1989, Jackson returned for a compliance inspection, but he was unable to inspect the elevator because it was being painted. On July 12, 1989, Jackson again attempted to conduct a compliance inspection of the elevator but was unable to do so. The owner told him that he could not inspect the elevator because no one was available to go with him, but that most of the items had been corrected. Following this visit, Jackson sent a report to his supervisor regarding the lack of cooperation he had received from the owner regarding compliance with his recommendations for violation corrections. Jackson left his job with the DOL and was not further involved with the store.
The DOL inspection report dated February 1, 1990, indicated that a five-year test had been conducted and a communication device and pit light were installed. The DOL inspects elevators twice a year. Between the February 1, 1990, inspection and the January 25, 1994, inspection, the DOL inspectors did not note any adverse conditions present. The owner testified that the store did not...
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