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plaintiffdefendantnegligencetrialverdictmotionsustained

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Giles v. City of New Haven, 228 Conn. 441, 636 A.2d 1335

Facts

The plaintiff, an elevator operator, had worked for fourteen years in the Powell Building. On the day of the incident, while operating the elevator, the compensation chain became hooked on a rail bracket, causing the chain to break and the cab to shake violently. The plaintiff sustained injuries as she attempted to escape the cab after the chain fell. At the time of the accident, Otis Elevator Company had an exclusive contract to maintain and inspect the elevator, and the maintenance supervisor testified that the accident was due to excessive sway of the chain, which should not have occurred under normal operation.

On the date her injuries were sustained, the elevator she was operating was ascending from the first floor to the twelfth floor when its compensation chain became hooked on a rail bracket located on the wall of the elevator shaft.

Issue

Did the Appellate Court properly apply the doctrine of res ipsa loquitur in this case?

In the circumstances of this case, did the Appellate Court properly apply the doctrine of res ipsa loquitur?

Rule

The doctrine of res ipsa loquitur applies when: (1) the situation causing the injury is such that no injury would result without negligence; (2) the party charged with neglect had control over the instrumentality at the time of the injury; and (3) the injurious occurrence happened irrespective of any voluntary action by the injured party.

The doctrine of res ipsa loquitur applies when three conditions are satisfied: “(1) [t]he situation, condition, or apparatus causing the injury must be such that in the ordinary course of events no injury would result unless from a careless construction, inspection or user[;] (2) [b]oth inspection and user must have been at the time of the injury in the control of the party charged with neglect[;] (3) [t]he injurious occurrence or condition must have happened irrespective of any voluntary action at the time by the party injured.”

Analysis

The court found that the plaintiff had presented sufficient evidence to support the application of res ipsa loquitur, as the accident would not have occurred without negligence, and the defendant had control over the maintenance of the elevator. The court clarified that the plaintiff's operation of the elevator did not negate the defendant's responsibility for the condition of the compensation chain. The evidence suggested that the excessive sway of the chain was likely due to the defendant's failure to maintain it properly.

Applying these principles, the Appellate Court reviewed the record and concluded that the trial court could reasonably have considered the following facts in deciding whether the doctrine of res ipsa loquitur applied.

Conclusion

The Supreme Court affirmed the Appellate Court's decision, allowing the case to proceed to trial under the doctrine of res ipsa loquitur, as the plaintiff's injuries were likely caused by the defendant's negligence.

The Appellate Court properly upheld the plaintiff's claim that the trial court should not have granted the defendant's motion for a directed verdict.

Who won?

The plaintiff, Giles, prevailed because the court found sufficient evidence to allow her claim of negligence to be considered by a jury under the doctrine of res ipsa loquitur.

The Appellate Court concluded that the plaintiff had presented sufficient evidence to warrant presentation of the question of negligence under the doctrine of res ipsa loquitur to the jury.

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