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Brady v. Elevator Specialists Inc.

The defendants had in place extensive program of elevator inspection and repair, the second defendant inspected the elevator in question on day before and day of the plaintiff's injury and the plaintiff did not show that the inspections or maintenance actually performed were negligent or that the defendants knew or were put on notice during these procedures that the elevator was defective.

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John Brady was injured when he fell backward in his wheelchair while exiting an elevator in a building owned by Atlanta Center Limited “ACL”. Elevator Specialists, Inc. “ESI” was responsible for servicing and maintaining the elevators in the building. John Brady and Patricia Brady filed a personal injury and loss of consortium action against ACL and ESI, among others. The trial court granted ACL’s and ESI’s motions for summary judgment. The Bradys appeal, and we affirm for the reasons set forth below. Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law.1 We review a grant of summary judgment de novo, and we view the evidence and all reasonable inferences drawn from it in the light most favorable to the nonmovant.2 A defendant seeking summary judgment, “need only show an absence of evidence to support an essential element” of the plaintiff’s case to prevail.3

So viewed, the evidence shows the following. On January 14, 2002, plaintiff John Brady, a wheelchair-bound paraplegic, boarded a high-rise elevator in the 250 Piedmont Avenue Building in Atlanta. The elevator mis-leveled when it stopped at the 12th floor, with the bottom of the elevator cab resting approximately eight inches above the landing level. Because the elevator was crowded, Brady had to back out of the elevator and was physically unable to look in the direction he was traveling. The wheelchair fell backwards out of the elevator and Brady’s head hit the floor, injuring him.

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