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$700,000 result- cited in The New York Jury Verdict
Reporter
VIII/5-31 Elevator Accident - Fall Into Empty Elevator
Shaft - Arm And Pelvic Fractures
SETTLEMENT: Lucian and Florinda O'Neal v. 250 West 26th St.
Corp. and Pace Elevator, Inc. v. Local 1-3, FLM-FJC 23388/88
Date of Settlement 7/10/90 New York Supreme
Pltf. Atty: Alan M. Greenberg of Baron & Zasky, Manhattan
This action settled after Pltf.'s case for $700,000 plus a
waiver of a $65,000 Workers' Compensation lien. Pltf. was a
79-year-old custodian at Deft.'s building at 250 W. 26th St. in
Manhattan on the date of the incident on 4/28/88. He was
employed by Third-party Deft. Union Local 1-3, FLM-FJC.
Pltf. claimed Deft. frequently requested that he stand in for
the regular elevator operator. The elevator shaftway doors were
equipped with interlocks but not parking locks. On the date in
question, Pltf. obtained an interlock access key from the Union
office so that he could use the elevator. Pltf. testified that
he thought that the elevator was parked on the main floor, but
it was actually in use and on another floor. He contended that
he opened the shaftway doors and stepped into the empty elevator
shaft, falling 20 feet to the floor.
Pltf. contended that Deft. building owner was negligent in its
procedures regarding the use of the interlock keys. He also
contended that Deft. should have warned him that the elevator
was already in use, especially since the building manager had
given an interlock key to the other user. Pltf. contended that
Deft. Pace, the maintenance company, had an obligation under its
contract to regularly inspect and repair the elevator, and that
it was negligent for failing to note the absence of a parking
lock on the main floor landing shaftway doors. The elevator had
passed Pace's inspection 3 weeks prior to this accident. Pltf.
also contended that the lack of a parking device violated ANSI
regulations and the NYC Administrative Code. Deft. Pace argued
that ANSI regulations did not apply to this elevator, which was
installed in 1921. Pltf.'s expert testified that a parking lock
would have prevented the shaftway doors from opening when the
elevator was not on the floor, even if the operator had an
interlock access key.
Defts. argued that Pltf. was contributorily negligent for
entering the shaftway without first making sure that the
elevator was on the floor. Pltf. contended that the elevator was
always dark and that it was his practice to enter the elevator
and then turn on the inside light.
Deft. 250 West 26th St. Corp. contended that Pltf. was a special
employee of the building owner and as such was barred from
recovery by Compensation Law. The building corporation was
created by the Union to hold the property, but had no employees
other than the regular elevator operator.
Injuries: comminuted fractures of the right (dominant) ulna,
radius, and wrist; "open book" fracture of the pubic symphysis
of the pelvis; mesenteric hematomas in the abdomen; several
fractured ribs. Pltf. was hospitalized for 4 months. Defts.
argued that Pltf. made an excellent recovery and that any
present complaints are a result of his advanced age.
Demonstrative evidence: enlarged photos of scene; blowups of
anatomical photos of bones in arm; model of the pelvis; parking
lock device. Pltf. Experts: John Weldin, P.E., elevator expert,
Bergenfield, New Jersey; Dr. Jesse Blumenthal, surgeon,
Manhattan.
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