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WYATT v. OTIS ELEVATOR CO.

Nos. 89-7590, 89-7621.

921 F.2d 1224 (1991)

James T. WYATT, Sr., Patricia Wyatt, Plaintiffs-Appellees, v. OTIS ELEVATOR COMPANY, Defendant-Appellant, Mark Rubin, Robert Balogh, etc., Defendants. James T. WYATT, Sr., Patricia Wyatt, Plaintiffs-Appellees, v. OTIS ELEVATOR COMPANY, Defendant-Appellee, Mark Rubin, Robert Balogh, a Florida General Partnership, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

January 22, 1991.

Attorney(s) appearing for the Case

Benjamen T. Rowe, R. Boyd Miller, Cabaniss, Johnston, Gardner, Dumas & O'Neal, Mobile, Ala., for defendant-appellant in No. 89-7590.

Joseph M. Brown, Jr., Mobile, Ala., Andrew T. Citrin, Joseph M. Brown, Cunningham, Bounds, Yance, Crowder & Brown, Mobile, Ala., for plaintiffs-appellees in No. 89-7590.

Mary Beth Mantiply, Julia L. Christie, Mobile, Ala., for defendants-appellants in No. 89-7621.

Joseph M. Brown, Jr., Andrew Citrin, David L. Kane, Benjamen T. Rowe, Cabaniss, Johnston, Gardner, Dumas & O'Neal, Mobile, Ala., for plaintiffs-appellees in No. 89-7621.

Before ANDERSON and EDMONDSON, Circuit Judges, and GODBOLD, Senior Circuit Judge.

GODBOLD, Senior Circuit Judge:

James T. Wyatt, Sr., a plaintiff in this removed personal injury action, was discovered dazed and bleeding near the doors of a passenger elevator on an upper floor of an office building in Mobile, Alabama. According to his undisputed testimony, as he was exiting the elevator and was within the door opening, the closing door struck him in the back and injured him. He and his wife sued Rubin and Balogh, the partnership owners of the building...

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