2009AP304 Mellom v. Schindler Elevator Corporation

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Torts
Product liability; substantial and material change; misuse; open and obvious danger

This is a strict products liability case. Douglas Mellom was performing a service call on a freight elevator at General Motors’ (GM) Janesville plant when he fell from the unguarded top of the elevator car to his death. The elevator was installed by Schindler Elevator Corporation. Douglas’s wife, Maureen Mellom (Mellom), sued Schindler and other defendants, alleging that the elevator was defective and unreasonably dangerous because the top of the elevator did not have a guardrail and its absence was a substantial factor in causing Douglas’s fall. The case was tried to a jury. The jury returned a verdict in favor of Mellom and against Schindler and one other defendant, awarding damages to Mellom. Not recommended for publication in the official reports.

2009AP304 Mellom v. Schindler Elevator Corporation

Dist IV, Rock County, Welker, J., Higginbotham, J.

Attorneys: For Appellant: Greer, James W., Jr., Milwaukee; Janaszek, Barbara J., Milwaukee; For Respondent: Laufenberg, Lynn R., Milwaukee; Wickhem, James D., Janesville

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