Oil Building Corp. v. Hermann

This is an appeal of an action for personal injuries brought by plaintiff who, at the time of the accident in question, was employed by an independent contractor supplying janitorial services at a building owned by defendant. Plaintiff and a co-worker entered an automatic freight elevator on the main floor of the building and pushed the button for the basement. They were the only persons in the elevator at the time. Plaintiffs co-worker testified that the elevator went down faster than usual, then stopped abruptly between floors with a jerk or bounce. This caused a large vacuum cleaner to roll against plaintiffs co-worker and both women were thrown off balance and to the floor. Plaintiff testified that she had a pre-existing back condition which was further aggravated by this accident.