Daniels v. Standard Oil Realty Corp‪.‬

Rehearing denied July 16, 1986. Plaintiff, Booker Daniels, Jr., brought a two-count action against defendants, Otis Elevator Company (Otis) and Standard Oil Realty Corporation (Standard Realty) for personal injuries sustained in an elevator accident. The elevator was manufactured, installed and maintained by Otis and owned by Standard Realty. Count I of plaintiff's complaint alleged specific negligence and count II was based on res ipsa loquitur. At trial, following the close of evidence, the court granted a directed verdict in favor of defendant Standard Realty on the negligence count only. The jury returned a verdict of $770,000.15 for plaintiff with a 10% reduction for plaintiff's comparative negligence, resulting in a final award of $693,000.14. Defendants appeal, contending that (1) the plaintiff failed to establish a prima facie negligence case against defendants; (2) evidentiary errors merit a new trial; (3) the jury award was excessive; and (4) the jury verdict was against the manifest weight of the evidence.