Mississippi Elevator Case Dismissed

C&K partner John Nieset obtained a summary judgment for his client in federal court in Mississippi, one of two states, along with

Louisiana, where John is admitted to practice. The case was brought by the employee of a hospital in Jackson who claimed she was

violently struck by the closing doors of a hospital elevator. Mr. Nieset compiled evidence from the hospital and from Mississippi's

Elevator Safety Division to establish not only that the elevator was operating properly on the day of the alleged incident, but also

that there had been no problems with the operation of its doors in the weeks and months leading up to the it. The plaintiff opposed

the motion by arguing that her sworn testimony about the accident and unspecified previous problems with hospital elevators

raised enough questions for the matter to go to trial.

A federal judge ruled that, "plaintiff's evidence shows, at most, that an accident occurred. There is no evidence to show that the

accident occurred as a result of any negligence on the part of defendant and thus, defendant is entitled to summary judgment. "

Since the defendant's evidence absolved it of negligence, the court dismissed the case in its entirety.

This judgment will stand as a strong precedent for defending future cases against maintenance contractors in Mississippi.