Gwendolyn Y. Bell v. May Department Stores Company, a New York Corporation, D/B/A Hechts

866 F.2d 452, 275 U.S. App. D.C. 251, 1989 U.S. App. LEXIS 526, 1989 WL 3987
CourtCourt of Appeals for the D.C. Circuit
DecidedJanuary 24, 1989
Docket88-7018
StatusPublished
Cited by22 cases

This text of 866 F.2d 452 (Gwendolyn Y. Bell v. May Department Stores Company, a New York Corporation, D/B/A Hechts) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gwendolyn Y. Bell v. May Department Stores Company, a New York Corporation, D/B/A Hechts, 866 F.2d 452, 275 U.S. App. D.C. 251, 1989 U.S. App. LEXIS 526, 1989 WL 3987 (D.C. Cir. 1989).

Opinions

Opinion for the court filed by Senior Circuit Judge ROSENN.

Dissenting opinion filed by Circuit Judge MIKYA.

ROSENN, Senior Circuit Judge:

The sole issue on this appeal is whether plaintiffs are entitled to rely upon the principle of res ipsa loquitur to prove their claim of negligence. This diversity action arises out of personal injuries sustained by appellee-plaintiff Gwendolyn Bell when she was caught between two elevator doors as she attempted to enter an automatic elevator operated and maintained by appellant-defendant, May Department Stores, doing business as Hechts (Hechts), in Washington, D.C. Bell and her husband, Adville, (plaintiffs or appellees) sought damages for the injuries sustained as well as damages for loss of consortium. The United States District Court for the District of Columbia denied Hechts’ motion for directed verdict and, over the defendant’s objections, instructed the jury on the principle of res ipsa loquitur. The jury returned a verdict for the plaintiffs, awarding them a total of $108,195.14. The district court denied the defendant’s subsequent motions for a judgment notwithstanding the verdict (judgment NOV) and, in the alternative, for a new trial. The defendant appealed, and we reverse.

I.

The material facts in this case are not in dispute. On the afternoon of July 26,1985, Bell attempted to enter passenger elevator No. 3 on the fifth floor of the Hechts store when the doors came together, trapping her between them and causing injuries. According to plaintiffs, Bell did not delay in entering the elevator, nor did she hear any warning bells or buzzers. Plaintiffs were unable to provide any eyewitnesses to the incident.

[454]*454The elevator, manufactured by Otis Elevator Company, was originally installed as a manual elevator in 1924. In either 1966 or 1967, Hechts replaced all elevator cars (except the frames), and made all the control devices fully automatic. No other major renovations or repairs of the elevator were undertaken before the date of the incident.

Included in the control devices installed in the elevator doors were electronic automatic reversing devices, known as “electronic safety edges.” The electronic safety edge operates in a manner similar to an electronic eye; when the edge detects a person standing between the elevator doors, it will cause the doors to reverse when they come within three inches of that person.1

The plaintiffs relied entirely on the testimony of defendant’s engineers to establish the operation of the store’s elevators and the procedures employed by Hechts for their maintenance and inspection. Roy Lambert, chief engineer for Hechts, testified for plaintiffs about Hechts’ specific maintenance and inspection procedures for the elevators and the electronic safety edge. Specifically, Lambert testified that the only “wear and tear” parts associated with the safety edge were the detection tubes and the amplifier tubes; the remainder of the system was “solid state.” Pursuant to the maintenance program, all detection and amplifier tubes were scheduled to be replaced every November as a matter of course and were otherwise replaced on an “as needed” basis. Because Hechts did not maintain any maintenance records, however, there was no evidence as to when the tubes were, in fact, last replaced.

David Novak, the “first-class engineer” employed by Hechts, also testified for the plaintiffs about the maintenance and inspection of the elevators. Novak testified that the elevators were inspected on a daily basis on each floor of the building for proper working condition. The procedure included both an initial warm-up for the amplifier which controlled the safety edge and an actual, physical test of the safety edge for each elevator in the store. The daily inspection procedures began approximately at 8:00 A.M. and were completed before the first customer was admitted into the store.

Both Lambert and Novak identified a variety of factors that might cause the safety edge to malfunction. These included physical abuse (e.g, striking the edge with an object such as a shopping basket or hand truck), vibrations, a blown tube, or “simply going out of adjustment as a television set would occasionally go out of adjustment.” Lambert further testified that “[t]he majority of time it was physical damage as a result of someone running into it” that would cause the malfunction.

Plaintiffs did not produce any evidence demonstrating the actual cause of the malfunction, nor did they produce evidence tending to show that defendant had any prior notice or knowledge that the elevator doors were malfunctioning prior to the accident. In addition, plaintiffs did not produce any evidence tending to show that the inspection and maintenance program employed by Hechts was either inadequate to satisfy its standard of due care or improperly executed.

Because the plaintiffs produced no direct evidence of negligence, they relied on the principle of res ipsa loquitur to prove their case. Defendant moved for a directed verdict at the conclusion of plaintiffs’ evidence as well as at the conclusion of all the evidence. Both motions were denied on the [455]*455ground that plaintiffs had made out a pri-ma facie case of negligence by relying on res ipsa loquitur. The district court instructed the jury on the rule of negligence and, over defendant’s objections, also instructed the jury on the principle of res ipsa loquitur. The jury returned a verdict for plaintiffs.

II.

We apply the same criteria for review of the court’s denial of a motion for judgment NOV as we do for review of a directed verdict. The court must consider all the evidence available in the light most favorable to the non-movant, resolving all conflicts in the evidence in favor of the prevailing party below. Richardson v. Richardson-Merrell, Inc., 857 F.2d 823, 827 (D.C.Cir.1988); Grogan v. General Maintenance Serv. Co., 763 F.2d 444, 447 (D.C.Cir.1985). The jury’s verdict will be upheld unless, giving the non-movant “the advantage of every fair and reasonable inference that the evidence may permit, there can be but one reasonable conclusion drawn [in favor of the movant].” Richardson, 857 F.2d at 827; see also Grogan, 763 F.2d at 447.

The principle of res ipsa loquitur permits a jury to draw an inference of negligence based upon special circumstances where direct evidence of negligence is lacking. Stewart v. Ford Motor Co., 553 F.2d 130, 141 (D.C.Cir.1977); Prosser and Keeton on the Law of Torts § 39 (5th ed. 1984). Before submitting the case to the jury, it is the “function of the court to determine whether the inference may reasonably be drawn by the jury or whether it must necessarily be drawn.” Restatement (Second) of Torts § 328D(2) (1965). The principle, however, does not relieve plaintiff of the burden of proving the essential elements of negligence; it merely permits the case to go to the jury. See Sweeney v. Erving, 228 U.S. 233, 240-41, 33 S.Ct. 416, 418-19, 57 L.Ed. 815 (1913); Stewart, 553 F.2d at 138; see also Prosser, supra, § 40, at 258.

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Bluebook (online)
866 F.2d 452, 275 U.S. App. D.C. 251, 1989 U.S. App. LEXIS 526, 1989 WL 3987, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gwendolyn-y-bell-v-may-department-stores-company-a-new-york-corporation-cadc-1989.