Dover Elevator Co. v. Swann

Swann (plaintiff) was injured boarding an elevator that failed to level properly with the floor. He sued the building owner, Prudential, and Dover Elevator Company (defendant), which manufactured, installed, and maintained the elevator, seeking $3 million for negligent design, manufacture, installation, and maintenance. At trial, Swann's expert engineer testified in detail about exactly how the defendants were negligent in maintaining the elevator. The trial court instructed the jury on ordinary negligence but refused to also give a res ipsa loquitur instruction. The jury found for the defendants. On appeal, the intermediate court affirmed as to Prudential but reversed as to Dover Elevator, holding the trial court should have given the res ipsa loquitur instruction despite the detailed expert testimony.