Recently in the case of Greenberg vs. Schindler Elevator Corp., So. 3d, 35 FLWD 2396 (Fla. 3d DCA 10/27/2010), it was ruled that the Trial Court erred in excluding the Plaintiff’s evidence of prior problems with an escalator on which the Plaintiff alleged she had been injured and then allowed the defendant to argue in closing argument that there was no evidence of prior problems with the escalator. Furthermore, even after the jury returned a verdict for the Plaintiff, the court found that there was insufficient evidence of negligence on the defendant’s part and still directed a verdict for the benefit of the defendants. When the Third District Court of Appeals issued its ruling returning the case to be retried at the trial level, the Appellate Court stated:
“Here, (plaintiff) presented evidence showing that “(defendants) were notified that the subject escalator stopped running earlier on the day of (plaintiff’s) fall. There was no evidence that any work was performed on the escalator. From this, the jury could reasonably infer that (defendants) negligently failed to examine the escalator to determine what was causing it to stop running, and to correct the problem. Plaintiff’s fall was a direct result of the escalator’s sudden stop. Thus, since (plaintiff) presented evidence of negligence, the trial court erred in entering a directed verdict in favor of (defendants).”
The Fort Lauderdale Injury Lawyers have quite a deal of experience and are currently representing clients who have been injured as a result of having fallen due to the carelessness of a property owner who had the duty to safely operate and maintained the escalator on its property, and neglected to do so. Often the property owner denies that the escalator was ever reported as having malfunctioned. The Fort Lauderdale Injury Lawyers are particularly knowledgeable and skilled in uncovering the truth behind these serous accidents.
You may wish to contact the Fort Lauderdale Injury Lawyers for further discussion of these issues by calling1-877-529-0444 or by e-mail info@www.schulaw.com.
