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Meade v. Otis Elevator Co.

Res Ipsa Loquitor Claims Stand in Suit Over Injury From 'Misleveled' Elevator

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MEMORANDUM OPINION AND ORDER

*1 In this single-count negligence action, Plaintiff Junior Meade (“Meade” or “Plaintiff”) seeks to recover damages from Defendant Otis Elevator Company (“Otis” or “Defendant”) for severe and permanent injuries allegedly suffered by Plaintiff as a result of an April 20, 2012, accident involving a service elevator manufactured, installed, and maintained by Defendant. Defendant now moves for summary judgment and the dismissal of the action. (Docket Entry Nos. 26 and 27.) Defendant also moves to preclude the expert report and testimony of Plaintiff’s expert Patrick A. Carrajat. (Docket Entry No. 34.) Plaintiff moves to strike Docket Entry Numbers 55 through 67, or portions thereof, asserting that Defendant raised new arguments and facts in its reply papers. (Docket Entry No. 70.)The Court has jurisdiction of this action pursuant to 28 U.S.C. §1332.The Court has reviewed carefully the parties’ submissions. For the following reasons, Defendant’s motion for summary judgment is granted in part, Defendant’s motion to preclude Plaintiff’s expert is denied and, in light of the Court’s disposition of Defendant’s motion for summary judgment, Plaintiff’s motion to strike Docket Entry Numbers 55-67 or portions thereof based on new arguments and facts is denied as moot.

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