Giles was an elevator operator who was injured in an
elevator mishap. She sued Otis Elevator for failing to inspect, maintain,
and repair the elevator properly.
Otis argued that the Giles must have been partially
negligent for the accident to have occurred as it did.
The Trial Court granted a directed verdict for
Giles. Otis appealed.
The Appellate Court affirmed. Otis appealed.
The Appellate Court concluded that there was sufficient
evidence under the doctrine of res ipsa loquitur.
res ipsa loquitur requires three things:
The accident would not have occurred unless someone was
negligent.
The thing causing the accident was under the exclusive
control of Otis.
Giles did not contribute to the harm via her own
negligence.
Otis unsuccessfully argued that the last two requirements
were not met.
The accident involved the sway of the elevator chain,
which is affected by how the elevator is operated.
The Connecticut Supreme Court affirmed.
The Supreme Court felt that just because a person uses
the instrumentality of harm (the elevator), that doesn't automatically
preclude a finding of res ipsa loquitur.
