Brett Anthony Clancy's Legal Cases (2)

Appeals

Jadcore, Inc. v. C&C Elevators f/k/a Cavinder Elevators, Inc. and Otis Elevator Company, No. 84A01-0909-CV-475

May 21, 2010

OUTCOME: The decision of the trial court was affirmed on appeal.

Jadcore filed a complaint sounding in breach of contract, breach of an implied warranty of fitness and breach of express warranty against the defendants. Subsequently, Otis Elevator Company filed a cou ... nterclaim against Jadcore. Eventually, Otis filed a motion for summary judgment which was granted. Jadcore appealed from the trial court's order denying its motion to reconsider filed after the trial court granted summary judgment in favor of Otis and awarded damages and legal fees to Otis on its counterclaim against Jadcore.

Appeals

McMillian v. Sheraton Chicago Hotel & Towers, Otis Elevator Company and Tishman Hotel Company, 567 F.3d 839

May 29, 2009

OUTCOME: 7th Circuit Court of Appeals vacated judgment of the district court and remanded the case with instructions that the district court dismiss the action.

Plaintiffs brought action seeking damage for injuries sustained while riding an escalator. Prior to trial, the district court granted defendants' motion in limine to exclude evidence of other accidents ... . Plaintiffs admitted without that evidence they could not survive summary judgment. Plaintiffs consented to the entry of a final order dismissing their claims so they could appeal the ruling.

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