Question
5. Elisabeth Scotland was waiting for an elevator on the fourth floor of Fenway Park when she brushed up against the closed door. It swung
5. Elisabeth Scotland was waiting for an elevator on the fourth floor of Fenway Park when she brushed up against the closed door. It swung open; she lost her balance, slipped into the shaft and plummeted two stories landing on top of the elevator car. Family members saw the accident and watched Boston Fire Department arrive and work for hours trying to rescue Elisabeth during which time her father watched as her daughter moaned and cried out. Boston Police personnel on scene contacted the Atlantic Elevator Company, which was responsible for the installation and maintenance of the elevator, and requested that the company send a mechanic to assist in the effort to rescue the young woman. Apparently, no one came. Scotland suffered severe brain and spine injuries along with facial fractures and dental damage . She is now suing Fenway Sports Group, the parent company of the Red Sox and the elevator company. The lawsuit does not specify an amountbut Scotland has already accumulated more than $300,000. In medical expenses. A spokesperson for the Red Sox remarked , "Wcooperated fully with the Department's investigation of this tragic accident. We have taken all necessary steps to ensure that the elevators in Fenway Park are safe." A witness interviewed by state investigators said that What we saw before that were people pushed up against it, almost like goofing around , playing. They weren't running into it, they were just like of pushing against it stationary, so to speak". The official state report says that Scotland jumped up and hugged her father from behind and when she jumped off him , she hit the elevator door with enough force to make it open. Discuss the merits of recovery in this lawsuit and whether or not the Fenway Sports Group and or Atlantic Elevator Company is liable. Elisabeth Scotland's father also is suing to recover damages for emotional distress . What must Mr. Scotland prove to be successful ? Was Elisabeth responsible ? Explain in detail .
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