COLMENARES VIVAS v. SUN ALLIANCE INS. CO.

No. 86-1204.

807 F.2d 1102 (1986)

Jose Domingo COLMENARES VIVAS, et al., Plaintiffs, Appellants, v. SUN ALLIANCE INSURANCE COMPANY, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided December 29, 1986.


Attorney(s) appearing for the Case

Harold D. Vicente, Santurce, P.R., with whom Hector Cuebas Tanon, San Juan, P.R., and Harold D. Vicente Law Offices, Santurce, P.R., were on brief, for plaintiffs, appellants.

Francisco Agrait-Oliveras, Hato Rey, P.R., for defendant, appellee Sun Alliance Ins. Co.

Francisco J. Colon Pagan with whom Cordero, Colon & Miranda, Old San Juan, P.R., was on brief, for defendant, appellee Westinghouse Elec. Corp.

Before BOWNES, Circuit Judge, BROWN, Senior Circuit Judge, and TORRUELLA, Circuit Judge.


BOWNES, Circuit Judge.

Appellants are plaintiffs in a diversity action to recover damages for injuries they suffered in an accident while riding an escalator. After the parties had presented their evidence, the defendants moved for and were granted a directed verdict. The court held that there was no evidence of negligence and that the doctrine of res ipsa loquitur, which would raise a presumption of negligence, did not apply. We reverse the directed verdict and remand...

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