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Giles v. City of New Haven 228 Conn. 441, 636 A.2d 1335 (1994) • 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. Project Wonderful -Your ad here, right now, for as low as $0
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1/29/2008
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