189 A.3d 321
N.J.2018Background
- Plaintiff Maureen McDaid, a condominium resident with cerebral palsy, was struck and knocked down when elevator doors closed on her while exiting; doors reportedly closed on her twice and she required extended rehabilitation.
- The elevator had two safety devices: a mechanical safety edge and a photoelectric "electric eye;" an inspection four days after the accident found the electric eye in need of repair and Bergen Hydraulic later repaired faulty relay contacts.
- McDaid complained before the accident that the elevator door was "closing too fast;" defendants (the Condominium Association, its manager Preferred Management, and maintenance contractor Bergen Hydraulic) denied prior knowledge of any malfunction.
- McDaid offered an expert report attributing the accident to a malfunctioning electric eye; defendants’ experts blamed McDaid’s positioning/neurological condition and opined the elevator was properly maintained.
- The trial court granted summary judgment for defendants, rejecting res ipsa loquitur as inapplicable to elevator-door malfunctions and concluding McDaid failed to show notice; the Appellate Division affirmed. The Supreme Court granted certification.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether res ipsa loquitur applies when elevator doors close on a passenger | McDaid: elevator doors ordinarily don’t close on people absent negligence; res ipsa should apply | Defendants: elevators are complex; plaintiff must exclude other causes or produce expert proof; res ipsa inapplicable | Res ipsa applies; elevator-door closing that injures a passenger ordinarily bespeaks negligence |
| Whether plaintiff must exclude other possible causes or present expert testimony at summary judgment to invoke res ipsa | McDaid: no need to exclude causes or produce expert testimony to trigger res ipsa inference | Defendants: plaintiff must present evidence excluding non-negligent mechanical failure or provide expert proof | Court: plaintiff need not exclude other causes or present expert proof to invoke res ipsa at summary judgment stage |
| Whether defendants’ evidence (lack of notice, expert opinions) defeated res ipsa at summary judgment | McDaid: post-accident inspection showing electric-eye relay failure and pre-accident complaints support inference | Defendants: expert testimony and testimony about plaintiff’s position/conditions undermine inference; no notice = no liability | Court: defendants’ proofs were not overwhelming; viewed favorably to McDaid res ipsa survives summary judgment |
| Appropriateness of summary judgment dismissal | McDaid: summary judgment improper because res ipsa and record support prima facie negligence case | Defendants: entitled to judgment as plaintiff failed to prove notice or causation | Court: reversed summary judgment and remanded for further proceedings |
Key Cases Cited
- Jerista v. Murray, 185 N.J. 175 (2005) (res ipsa inference applies to automatic doors; expert proof not required when common knowledge suffices)
- Rose v. Port of New York Authority, 61 N.J. 129 (1972) (automatic door striking entrant gives rise to res ipsa inference)
- Buckelew v. Grossbard, 87 N.J. 512 (1981) (elements of res ipsa loquitur articulated)
- Brown v. Racquet Club of Bricktown, 95 N.J. 280 (1984) (res ipsa inference and burden-shifting explained)
- Gore v. Otis Elevator Co., 335 N.J. Super. 296 (App. Div. 2000) (case refusing res ipsa for elevator doors; relied on by trial court but disapproved here)