Zarwin Baum recently obtained complete dismissal of its client via summary judgment in the Philadelphia Court of Common Pleas. Plaintiff alleged that Zarwin’s client was negligent in managing Philadelphia’s Criminal Justice Center where the elevator malfunctioned.
Attorneys Theodore M. Schaer and Gregory Mallon argued that the Plaintiff would be unable to meet her burden at trial due to her failure to obtain an expert report opining that its client played any role in the elevator’s malfunction. Plaintiff’s counsel responded claiming that this matter was governed by the legal doctrine Res Ipsa Loquitor. In other words, a lay juror can assume that an elevator does not malfunction without negligence. The Court determined that Plaintiff was incorrect and this complex matter required a liability expert(s). The case is now on appeal in the Pennsylvania Superior Court.