Kelly v. New West Federal Savings

In Kelly v. New West Federal Savings (1996) 49 Cal.App.4th 659, the plaintiff was injured after walking out of an elevator in the defendant's building that allegedly misleveled, that is, stopped some distance above the level of the floor where the plaintiff wished to exit. There were two elevators in the defendant's building: a small elevator and a large elevator. The plaintiff testified at her deposition that she walked out of the small elevator when she was injured. After additional discovery showed that the large elevator was misleveling, the plaintiff changed her position and stated that she was in fact in the large elevator. (Kelly, supra, 49 Cal.App.4th at pp. 664-666.) The trial court granted motions in limine that precluded evidence of the plaintiff stepping out of the large elevator and testimony by the plaintiff's expert witness regarding the large elevator. (Kelly, supra, 49 Cal.App.4th at pp. 667-668.) The Court of Appeal held that the trial court's granting of the motions in limine was error "reversible per se." (49 Cal.App.4th at p. 677.) The effect of granting the motions, the court reasoned, was to prevent the plaintiff from offering evidence to establish her case and to deny her a fair hearing. (Ibid.)