Summary judgment granted when expert’s opinion as to operation of elevator is speculative.

The plaintiff asserted she was injured when an elevator door closed on her hand at a casino. The plaintiff’s expert opined that there was negligent maintenance of the elevator and that the 3D sensor was off or failed, causing the door to shut. As there was no evidence of the conclusion that the 3D sensor was off or not functioning, the court found the observation of the expert was unsupported. There was no evidence produced from which a reasonable jury could conclude that the defendants’ conduct or omission caused the plaintiff’s injury. Summary judgment was granted.

Case Law Alerts, 1st Quarter, January 2015