Bustamante v. Westinghouse Elevator Company

In Bustamante v. Westinghouse Elevator Company (195 AD2d 318 [1st Dept 1993]), a passenger claimed that he was injured when the elevator in which he was riding hit the buffers without stopping at the basement level. According to a fellow passenger, when the elevator stopped, the plaintiff was standing next to him and was perfectly all right. Only later, after the fellow passenger exited the elevator car and turned to look at the plaintiff, was the plaintiff lying on the floor of the elevator. The Bustamente Court concluded that, while the defendant's negligence caused the accident, the requisite nexus between that event and the plaintiff's injuries was missing.