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Dover Elevator Co. v. Swann3/25/1994
film off" them and produces a "full contact" or sufficient current. During the course of his testimony, Mr. Bothell also attested to the following:
"[DEFENSE COUNSEL:] Now, when you arrived again on January 7th were these contacts welded together in any way?
[BOTHELL:] No.
[DEFENSE COUNSEL:] If they were welded together what would they be like?
[BOTHELL:] It would just be like this.
[DEFENSE COUNSEL:] And how would you get that apart? What would you have to do?
[BOTHELL:] You would have to replace them.
[DEFENSE COUNSEL:] And let me ask you this. As to what you have shown us there[,] the condition that you found and you described, would that have an effect on the operation of the elevator?
[BOTHELL:] Of course it would.
[DEFENSE COUNSEL:] And how would it affect it?
[BOTHELL:] It would affect it as you are going into the floor. Your car would come into the floor, slow down, not come to a complete stop, inch on by the floor. Then it would relevel back up until it level.
[DEFENSE COUNSEL:] Would that have an effect on levelling?
[BOTHELL:] Yes.
[DEFENSE COUNSEL:] And what effect would it have on levelling?
[BOTHELL:] Well, the car will go by the floor, it will go above it or below it I would probably say an inch and then level back up and then it will come in level, stop and open the doors.
[DEFENSE COUNSEL:] Now, that is the condition that you corrected on January 7th in response to call back of January 6th, is that correct?
[BOTHELL:] Yes, sir."
Plaintiff's counsel then cross-examined Bothell with respect to the following:
"[PLAINTIFF'S COUNSEL:] Now, you also replaced the brushes on this particular occasion, is that not correct?
[BOTHELL:] Yes, sir.
[PLAINTIFF'S COUNSEL:] And that is something that you have to check all the time?
[BOTHELL:] Yes, sir.
[PLAINTIFF'S COUNSEL:] And you also have to check these contacts because they get dirt and dust blown into them, is that not correct?
[BOTHELL:] Yes, sir.
[PLAINTIFF'S COUNSEL:] And sometimes they burn, is that not correct?
[BOTHELL:] They burn, yes, sir.
[PLAINTIFF'S COUNSEL:] And when they burn they mislevel?
[BOTHELL:] Yes.
[PLAINTIFF'S COUNSEL:] Is that not correct?
[BOTHELL:] Yes, sir.
[PLAINTIFF'S COUNSEL:] When was the time preceding January 7th, 1987 that you had last cleaned these contacts?
[BOTHELL:] I have no idea.
[PLAINTIFF'S COUNSEL:] You have no idea?
[BOTHELL:] No.
[PLAINTIFF'S COUNSEL:] So if you had wanted to replace [the contacts] you could have?
[BOTHELL:] If [they] needed it I would have, yes."
Finally, in his closing argument, plaintiff's counsel reemphasized all the direct evidence previously offered:
"The issue still remains [that] if this device was burned or burned closed what was Dover's obligation ... on the 7th of January 1987 with respect to this elevator.
Now, as you may recall and it has been some time now, Mr. Moynihan testified that these contacts are very sensitive devices and they should not be filed. The reason is he said because it affects the electrical properties of the contact.
It is like any other electric device; if you take away the metal, even if you just file it slightly, you can affect the way the contact is made. If you do that you are going to have intermit
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