This case involves a man who was injured when he fell out of an elevator that had misleveled. The man had taken the elevator to a lower floor of a skyscraper in the course of his employment as a custodian. When the elevator doors opened, he tripped and violently fell to the ground as the floor of the elevator stopped below the floor of the foyer. In the days before this accident occurred, there several reported problems including misleveling with that particular elevator. The elevator maintenance company happened to attend on the day in question for an unknown reason and the elevator remained out of service until one hour prior to the man’s fall when the mechanic left the premises. Misleveling was noted shortly after his fall and the elevator was taken out of service again.