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BELL v. MAY DEPT. STORES CO.

No. 88-7018.

866 F.2d 452 (1989)

Gwendolyn Y. BELL, et al. v. MAY DEPARTMENT STORES COMPANY, a New York corporation, d/b/a Hechts, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided January 24, 1989.

As Amended January 24, 1989.

Attorney(s) appearing for the Case

Edward C. Bacon, Annapolis, Md., with whom Patricia M. Thornton, Washington, D.C., was on the brief, for appellant.

Jacob A. Kamerow, with whom Jeffrey M. Hamberger, Washington, D.C., was on the brief, for appellees.

Before MIKVA and D.H. GINSBURG, Circuit Judges, and MAX ROSENN, U.S. Senior Circuit Judge for the Third Circuit.

Opinion for the court filed by Senior Circuit Judge ROSENN.

Dissenting opinion filed by Circuit Judge MIKVA.

ROSENN, Senior Circuit Judge:

The sole issue on this appeal is whether plaintiffs are entitled to rely upon the principle of res ipsa loquitur to prove their claim of negligence. This diversity action arises out of personal injuries sustained by appellee-plaintiff Gwendolyn Bell when she was caught between two elevator doors as she attempted...

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