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. o 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. o The Appellate Court concluded that there was sufficient evidence under the doctrine of res ipsa loquitur. o 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. o 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. o 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.
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