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Youtsey v. Seattle University9/22/2003
A common carrier owes the highest duty of care to its passengers commensurate with the practical operation of its conveyance at the time and place in question and consistent with the practical operation of its business. In that context, a common carrier has a duty to protect passengers from the danger of injury from known malfunctions or defects of those that it should have anticipated from the known facts and circumstances. But, assuming for purposes of summary judgment that Seattle University's ownership and use of the elevator made it a common carrier, Youtsey fails to present evidence to establish a breach of duty. He provides no evidence that Seattle University knew or should have known of any malfunction or defect. Therefore, we affirm the trial court's summary judgment of dismissal.
FACTS
Jeff Youtsey worked for a company hired to set up lighting for a senatorial debate taking place in Campion Hall on the campus of Seattle University. Campion Hall is a residence hall with a large multi-purpose auditorium.
On October 15, 1998, Youtsey reported to work at Campion Hall. He and his co-workers repeatedly used the stairs and a freight elevator to move equipment from the outside entry loading dock up one level to the kitchen on the auditorium level. Over the course of the day Youtsey estimated he operated the elevator 10 to 15 times without any problem or incident.
The freight elevator at Campion Hall has an exterior manual, bi-parting door at each floor with an interior wire mesh gate. The exterior doors must be closed manually by pulling a strap attached to the upper portion of the door. There are straps on both the inside and outside of the exterior door, as well as on the mesh gate. Pulling down on the strap causes the upper door to come down and lower door to come up to meet in the middle, until the doors hit a metal stop, leaving a space of approximately 1-1/2 inches between the two doors. There is also a rubber gasket between the doors.
Near the freight elevator on the loading dock level, a sign was posted warning users to keep the freight elevator doors open at the ballroom level after use because if the exterior door is closed on the ballroom level the elevator can be recalled to the loading dock and used to enter the building at any time of the day or night. There were also warning signs posted on the exterior elevator door and above the elevator call buttons on the wall next to the elevator notifying users to keep hands away from the doors and to use caution.
After the last load of the day was removed from the freight elevator by Youtsey and his co-workers, Youtsey noticed the doors were open and decided, contrary to the warning sign on the lower floor, that the elevator doors should be closed. Youtsey indicated he reached up to grab a strap in order to close the elevator doors. The doors worked as they were designed and closed quickly, unfortunately crushing Youtsey's right hand. Youtsey could not explain how the accident occurred other than to say that he grabbed a strap and pulled with force to close the doors.
The parties disagree about whether there was an exterior strap attached to the outside of the upper elevator door at the time of the accident. Two co-workers of Youtsey's, who worked along side him on the day of the accident, provided affidavits indicating that the service elevator in question did not have an external strap on the upper elevator door. They admit, however, that they did not notify anyone at Seattle University of this problem. All pictures contained in the record show that internal and external straps are attached to the upper door. Youtsey's testimony at deposition contradicted t
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