Colmenares Vivas v. Sun Alliance Insurance Company

807 F.2d 1102 (1986)

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Nature of the Case

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Facts

Colmenares (P) was riding an escalator in the Puerto Rican Airport when the escalator malfunctioned, causing P to fall down and hurt himself. When the couple was about halfway up the escalator, the handrail stopped moving, but the steps continued the ascent, causing Mrs. Colmenares to lose her balance. Her husband grabbed her from behind with both hands and prevented her from falling, but in doing so, he lost his balance and tumbled down the stairs. P sued Sun Alliance (D), the insurance company for the airport. D then brought a third party, Westinghouse, into the suit, claiming that it was responsible for the maintenance. D moved for and was granted a directed verdict. The trial court said there was no evidence of negligence and the doctrine of res ipsa loquitur did not apply because one of the requirements for its application (the injury causing instrument was within the exclusive control of the defendant) was not met. P appealed, claiming that res ipsa loquitur should have been applied.