New York Court of Appeals
Eve M. Feblot v. New York Times Company, and Westinghouse Electric Corp.
June 8, 197332 N.Y.2d 486
Summary
The New York Court of Appeals reversed the trial court's judgment and remanded for a new trial, holding that res ipsa loquitur was not applicable to the elevator‑door injury and that the trial court erred in excluding the written accident report and the witness's full oral account. The Court emphasized that the plaintiff had control over the elevator door mechanism, precluding the exclusive control requirement of res ipsa, and that the excluded evidence was relevant to the issue of negligence.