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Sant v. Hines Interests Limited Partnership12/15/2005
he victim's position, determines what constitutes due care in that circumstance. Eisenhuth, supra.Here, Hines' personnel were faced with an elevator entrapment. The evidence in the record demonstrates that the courtesy staff on duty at the time of the entrapment followed the policies set forth for handling entrapments. Specifically, the staff answered Mrs. Sant's call for help through the elevator's intercom system, and one member of the staff checked to see if he could free Mrs. Sant by pushing a call button on the indicated floor. When the staff determined that they were not able or qualified to free Mrs. Sant without unduly placing her in harms way, they contacted Schindler to inform them of the entrapment.
{ } Appellants assert that Hines' staff should have done more to resolve Mrs. Sant's entrapment. Yet, Mrs. Sant provides no legal basis for this position. The Hines' courtesy staff acted in a reasonably prudent manner under the given circumstances: they contacted Schindler, the party that had assumed the duty to respond to and work to resolve elevator entrapments. Accordingly, appellants cannot prove Hines breached any duty it may have owed. The trial court properly granted summary judgment in Hines' favor.
{ } Based on the foregoing, we overrule appellants' single assignment of error and affirm the judgment of the Franklin County Court of Common Pleas.
Judgment affirmed.
PETREE and SADLER, JJ., concur.
Summary: A company that enters a contract to maintain an elevator is held to a duty of ordinary care, which is limited in scope to the confines of the responsibilities assumed under the contract. Property management company overseeing a property is not held to the same duty as the building owner and, therefore, is not held to highest standard of care. Appellants failed to prove breach of duty; summary judgment is appropriate.
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