Question

1. Mauricio Iragorri fell to his death down an empty elevator shaft after a repair person employed by International Elevator, Inc. (International) propped open the elevator door with a screwdriver and left the entranceway unattended and unbarricaded while the elevator car was not in place. Iragorri’s surviving spouse sued Otis Elevator Company. Her complaint alleges that International (the company that maintained and repaired the elevator in question) and OTESA (the company that installed the elevator in question) were negligent in their duties, and that the negligence of International and OTESA is attributable to Otis Elevator on a principal—agent theory. Explain what must be shown for the court to rule that International and OTESA were agents of Otis.

Answer 1

Explain what must be shown for the court to rule that International and OTESA were agents of Otis.

Answer.

Three elements are necessary to prove the existence of an agency relationship:

(1)   A manifestation by the principal that the agent will act for him;

(2) Acceptance by the agent of the undertaking;

(3) An understanding between the parties that the principal will be in control of the undertaking.

An essential ingredient of agency is that the agent is doing something at the behest and for the benefit of the principal. If a party acts primarily on his or her own behalf or for his own benefit, therefore, the requisite fiduciary relationship has not been established. Iragorri v. United Technologies v. 285 F.Supp.2d 230 (D.C. Conn. 2003).