COLMENARES VIVAS V. SUN ALLIANCE INSURANCE COMPANY
807 F.2d 1102 (1986)
NATURE OF THE CASE: After being injured on an escalator owned by the port authority,
Comenares (P) filed an action for damages against Sun (D) insurer. The Court denied P's
motion to amend their complaint to allege that the third-party maintenance company was
directly liable for their injuries and granted D's motion for directed verdict. P appealed.
FACTS: Colmenares (P) was riding an escalator in the Puerto Rican Airport when the
escalator malfunctioned, causing P to fall down and hurt himself. When the couple was about
halfway up the escalator, the handrail stopped moving, but the steps continued the ascent,
causing Mrs. Colmenares to lose her balance. Her husband grabbed her from behind with both
hands and prevented her from falling, but in doing so, he lost his balance and tumbled down
the stairs. P sued Sun Alliance (D), the insurance company for the airport. D then brought a
third party, Westinghouse, into the suit, claiming that it was responsible for the
maintenance. D moved for and was granted a directed verdict. The trial court said there was
no evidence of negligence and the doctrine of res ipsa loquitur did not apply because one of
the requirements for its application (the injury causing instrument was within the exclusive
control of the defendant) was not met. P appealed, claiming that res ipsa loquitur should
have been applied.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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