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CLARE LYNCH v. MCSTOME AND LINCOLN PLAZA ASSOCIATES AND MONTGOMERY ELEVATOR COMPANY AND GENERAL ELEVATOR COMPANY (10/13/88)

filed: October 13, 1988.

CLARE LYNCH, APPELLANT,
v.
MCSTOME AND LINCOLN PLAZA ASSOCIATES AND MONTGOMERY ELEVATOR COMPANY AND GENERAL ELEVATOR COMPANY



Appeal from the judgment entered August 7, 1987 and from the order entered July 27, 1987 in the Court of Common Pleas of Montgomery County, Civil, No. 82-13495.

COUNSEL

Gerry Woods, Philadelphia, for appellant.

Fred J. Silverman, Willow Grove, for McStome, appellee.

William V. Coleman, Philadelphia, for Montgomery, appellee.

Arthur R. Tilson, Ambler, for General, appellee.

Wieand, Hoffman and Beck, JJ.

Author: Beck

[ 378 Pa. Super. Page 431]

Plaintiff-appellant, Clare Lynch, sued McStome and Lincoln Plaza Associates, Montgomery Elevator Company and General Elevator Company, Inc. on negligence grounds for injuries she received at Oxford Valley Mall when the escalator upon which she was riding allegedly came to a sudden and abrupt stop. Plaintiff did not assert a strict liability claim against any of the defendants.

The escalator was manufactured by Montgomery Elevator Company (hereinafter "Montgomery") in 1973. In that same year, the escalator was purchased by McStome and Lincoln Plaza Associates (hereinafter "the Mall") and installed at the Oxford Valley Mall owned by them. The escalator has been maintained by General Elevator Company

[ 378 Pa. Super. Page 432]

(hereinafter "General"), since the date of installation. The incident in question occurred on June 26, 1982.

On August 6, 1986, a jury returned a verdict in favor of the defendants. The jury found that Montgomery was not negligent and that the Mall and General were negligent but their negligence was not a substantial factor in bringing about the plaintiff's harm.

On August 15, 1986, appellant filed timely post-trial motions seeking a new trial. Thereafter, in March 1987, appellant sought leave to file additional reasons in support of her post-trial motions pursuant to Montgomery County Local Rule 252. By order dated July 27, 1987, the trial court denied appellant's August 15, 1986 post-trial motions and denied appellant leave to file additional reasons in support thereof. Judgment was entered on the jury's verdict on August 7, 1987.

Appellant filed two appeals. The first, appeal No. 2409 Phl. 1987, is from the judgment entered against appellant on August 7, 1987. The second, appeal No. 2410 Phl. 1987, is from the trial court's July 27, 1987 order denying appellant leave to file additional reasons in support of her post-trial motions.*fn1

In these appeals, appellant raises the following issues:

1. Did the trial court err in refusing to admit evidence of:

(a) the submission to Montgomery, after manufacture of the subject escalator and before appellant's accident, of reports of accidents allegedly involving abrupt stopping by other escalators; and

[ 378 Pa. Super. Page 433]

(b) Montgomery's failure, after manufacture of the subject escalator and before appellant's accident, to conduct or consult safety studies regarding the escalator.

(c) any other evidence of negligent conduct by Montgomery after manufacture of the escalator and before appellant's accident.

2. Did the trial court err in admitting into evidence videotapes produced by Montgomery?

3. Did the trial court err in refusing appellant's proposed point for charge on the doctrine of res ipsa ...


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