Quimbee logo
DMCA.com Protection Status
  • D
  • Dover Elevator Co. v. SwannDover Elevator Co. v. Swann
From our private database of 16,800+ case briefs...

Dover Elevator Co. v. Swann

Maryland Supreme Judicial Court
638 A.2d 762 (1994)


Swann (plaintiff) was injured while attempting to board an elevator that failed to level properly with the floor. Swann filed suit against Prudential Insurance Company of America (Prudential) (defendant), the owner of the building where the elevator was located, and Dover Elevator Company (Dover Elevator) (defendant), the company that manufactured, installed, and maintained the elevator. Swann’s complaint alleged that he suffered $3 million in damages, due to defendants’ negligence and defects in the design, manufacture, installation, and maintenance of the elevator. At trial, Swann offered expert testimony from an elevator consultant and engineer. The expert explained, in explicit detail, how the defendants were negligent in failing to properly maintain the elevator. At the close of evidence, the trial court instructed the jury on negligence but refused Swann’s request to also instruct the jury on the doctrine of res ipsa loquitur. The jury held for the defendants. Swann appealed. The court of appeals affirmed the judgment of the trial court as to Prudential but reversed as to Dover Elevator. The appellate court held that the trial court erred by refusing to instruct the jury on res ipsa loquitur. Dover Elevator appealed. The Maryland Supreme Judicial Court granted certiorari to review.

Rule of Law


Holding and Reasoning (Chasanow, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 449,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 449,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 16,800 briefs, keyed to 224 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial