Valens v. Otis Elevator Co., 482 So. 2d 479

PER CURIAM.

Where plaintiff tripped and fell while exiting an elevator which, when it stopped and opened, was not level with the floor, but where responsible causes for the fall or the failure to level, other than negligence on the part of the defendant, were not excluded by the evidence presented, the trial court was correct in denying a request that the jury be instructed on res ipsa loquitur. See Goodyear Tire & Rubber Co. v. Hughes Supply, Inc., 358 So.2d 1339 (Fla. 1978); Pratt v. Freese‘s, Inc., 438 A.2d 901 (Me. 1981).

Affirmed.

Case Details

Case Name: Valens v. Otis Elevator Co.

Court Name: District Court of Appeal of Florida

Date Published: Jan 21, 1986

Citations: 482 So. 2d 479; 11 Fla. L. Weekly 234; 1986 Fla. App. LEXIS 6003; 85-978

Docket Number: 85-978

Court Abbreviation: Fla. Dist. Ct. App.