Carolyn S. Newell v. Westinghouse Electric Corporation, Doing Business as Westinghouse Elevator Company, a Division of Said Corporation

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• explaining that to the extent plaintiff’s injuries were result of a product defect in the elevator, the claim is barred by IPLA, but allowed negligent maintenance claim based on defendant’s examination and inspection
• applying Indiana law to hold the res ipsa doctrine applicable where elevator doors slammed shut on the plaintiff before she was all the way inside in elevator.
• “If Newell were able to allege an act of negligence in this case, she would not need to avail herself of res ipsa loquitur.”
• “If Newell were able to allege an act of negligence in this case, she would not need to avail herself of res ipsa loquitur.”
• “If a plaintiff can demonstrate (1) that the accident was one that does not ordinarily occur absent negligence, . . . .”
• “A probability of negligence may be supported by expert testimony or common sense inference.”

Source: CourtListener parenthetical corpus (CC0).