Personal injury lawsuit arising out of an alleged defective elevator. Plaintiff was injured when she fell attempting to exit an elevator in a hi-rise apartment building. As the door opened, plaintiff stepped forward. She claimed the elevator then dropped 2+ inches causing plaintiff’s trailing foot to trip over the hallway edge of the elevator. Plaintiff sued the building owner and the elevator maintenance contractor alleging negligence maintenance and repair. The issues involved Quality Elevator were whether they were on notice of any defects and whether the insured had negligently serviced the elevators. Plaintiff’s elevator expert was Richard Kennedy of KenCor. We did not have a liability expert. At trial, former employees of co-defendant testified that co-defendants breached their contract by failing to notify the insured of complaints regarding the elevator. Instead of calling Quality Elevator, the building maintenance staff would check the elevators and see if the alleged defect could be duplicated. If the reported problem did not repeat itself, the insured would not be called to come and inspect/repair the elevators. In addition, we were able to demonstrate that the insured had submitted modernization proposals that the co-defendant property owned failed to act on. Plaintiff’s primary injury was an RSD claim involving her upper extremities, severely limiting her ability to sue her left arm and rendered her unable to continue working as a cleaning lady.
The jury found co-defendant 100% liable. The jury awarded plaintiff $150,000.
Superior Court of the State of New Jersey – County of Camden
Responsible Partner: David I. Blee
Opposing Counsel: Gary Ginsberg of Ginsberg & O’Connor PC (plaintiff’s counsel); Charles Reynolds of Law Office of Ann McGuffin (co-defendant Landmark’s counsel)