Case Analysis-

973 Words Mar 18th, 2014 4 Pages
Law
Case analysis
MONTGOMERY ELEVATOR COMPANY, a Delaware Corporation authorized to do business in the State of Colorado, Petitioner, v. Brenda GORDON, Respondent
No. 79SC207

Supreme Court of Colorado
619 P.2d 66; 1980 Colo. LEXIS 770
November 10, 1980
Parties:
Brenda Gordon:
Plaintiff in the first instance Appellant in the second instance
Montgomery Elevator Company (Elevator maintenance company)
Defendant in the first instance Appellee in the second instance
Westinghouse Electric Corporation (Elevator manufacturer company)
Defendant in the first instance
Facts:
Brenda Gordon was injured when she attempted to exit from an elevator in the Hilton Hotel in Denver, where she was employed. The elevator door closed after
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 The fourth element of res ipsa loquitur requires that Gordon is free from “contributory negligence or other responsibilities”, but Colorado adopted comparative negligence. Therefore, the fourth element no longer needed be established.

According to comparative negligence, the jury must compare any evidences of negligence of the appellant with the inferred negligence of the appellee and decide what percentage of negligence is attributable to each party.

Legal Discussion:
Negligence: Breach of a legal duty to act reasonably; the direct cause of injury to another.
Res ipsa loquitur 1 Injury was caused by an accident 2 Accident will not happen without negligence 3 Thing causing injury is in exclusive control of defendant. 4 Plaintiff did not provoke the injury
Contributory negligence:
Everyone has a duty to exercise reasonable care for his well-being. If the plaintiff’s negligence contributed to the injury, he cannot collect any damage from defendant. Plaintiff must absorb the full loss of the injuries.
Comparative negligence:
Both a plaintiff and a defendant are at a fault, they should share the responsibility.

Recommendations to industry:
1. GM
 Hotels need to hire and consult a professional attorney. At the same time, the GM, need to know some basic knowledge of this field.
 When hotels engage in a lawsuit,

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