context: The trial court granted the motion for directed verdict at the close of the plaintiff's evidence because "there is no evidence that this event is something of the kind that ordinarily doesn't occur in the absence of someone's negligence." Appellant argues that she met that burden here, citing several cases which hold that it is permissible to assume that if an escalator is used properly and an injury occurs, there is "something wrong in either the construction, maintenance, or operation of the escalator."
citation_a.signal: no signal
citation_a.parenthetical: child's foot was caught in the escalator as she rode down
citation_a.sentence: Sá-neme v. J.C. Penney Co., 17 Utah 2d 46, 404 P.2d 248, 250 (1965) (child’s foot was caught in the escalator as she rode down); see also Bell, supra note 3, 483 A.2d at 329 (woman fell after her sandal was caught in the escalator); J.C. Penney Co. v. Livingston, 271 S.W.2d 906, 908 (Ky.1954) (small boy’s hand was caught in an escalator). However, these cases are inapposite.
citation_b.signal: see also
citation_b.identifier: 483 A.2d 329, 329
citation_b.parenthetical: woman fell after her sandal was caught in the escalator
citation_b.sentence: Sá-neme v. J.C. Penney Co., 17 Utah 2d 46, 404 P.2d 248, 250 (1965) (child’s foot was caught in the escalator as she rode down); see also Bell, supra note 3, 483 A.2d at 329 (woman fell after her sandal was caught in the escalator); J.C. Penney Co. v. Livingston, 271 S.W.2d 906, 908 (Ky.1954) (small boy’s hand was caught in an escalator). However, these cases are inapposite.