Rumberger Kirk & Caldwell's Myron Shapiro and Suzanne Singer Win Summary Judgment for Schindler Elevator
The Plaintiff alleged that while entering an elevator maintained by Schindler, the elevator doors closed on her, causing her to fall backward. The Plaintiff's complaint included counts for negligence and negligence per se under Fla. Stat. §399.02. The Court heard oral arguments on January 8, 2010. On behalf of Schindler, Rumberger, Kirk & Caldwell partner Suzanne Singer argued that negligence per se pursuant to §399.02 may be appropriate against the property owner, but is not applicable to the elevator service provider. Regarding the Plaintiff's negligence claims, there is not a scintilla of evidence Schindler failed to inspect or maintain the subject elevator or was negligent in any manner. Indeed, the undisputed facts reveal Schindler properly inspected and maintained the subject elevator at all material times.
The Court agreed. By Order on January 14, 2010, the Court held that there exists no questions of material fact, and no record proof of any breach of duty owed the Plaintiff by Schindler.