Law
Case analysis
MONTGOMERY ELEVATOR COMPANY, a Delaware Corporation authorized to do business in the State of Colorado, Petitioner, v. Brenda GORDON, Respondent
No. 79SC207

Supreme Court of Colorado
619 P.2d 66; 1980 Colo. LEXIS 770
November 10, 1980
Parties:
Brenda Gordon:
Plaintiff in the first instance Appellant in the second instance
Montgomery Elevator Company (Elevator maintenance company)
Defendant in the first instance Appellee in the second instance
Westinghouse Electric Corporation (Elevator manufacturer company)
Defendant in the first instance
Facts:
Brenda Gordon was injured when she attempted to exit from an elevator in the Hilton Hotel in Denver, where she was employed. The elevator door closed after she and another hotel employee, Ernest Yogley, had entered it. The elevator did not move. Instead, the door reopened slightly, but the opening was not wide enough to allow the passengers to exit. With the assistance of a third employee who was outside the elevator, Yogley opened the door enough to get out. As Gordon attempted to exit, however, the door began to close, pinning her between the door and the wall of the elevator. In attempting to free herself, she was injured.
Issues:
First instance:
 Did the defendants have the negligence action on plaintiff’s injury?
 Did the plaintiff establish the defendants' negligence of the doctrine of res ipsa loquitur?
 Is the plaintiff free from contributory negligence?
Second instance:
 Did the appellee have the negligence action on plaintiff’s injury?
 Did the appellant establish the appellee’s negligence of res ipsa loquitur?
 Is appellant free from her injury？
 What percentage of negligence is attributable to each party?
Decision:
First instance:
The district court ruled that Gordon had not established directed verdicts in favor of both Westinghouse and Montgomery at