Elevator Accident Victim Awarded $1,900,000 Settlement for Shoulder and Neck Injuries
A 29-year-old worker was riding in an elevator going down when the elevator car rapidly descended before coming to an abrupt stop. As a result, he was thrown to the ground and struck by an escape hatch that fell. Represented by Block O’Toole & Murphy, the worker filed a lawsuit against the elevator repair company and won a $1.9 million settlement.
Facts and Allegations
A 29-year-old local 32 BJ Union maintenance worker was working in a commercial building when the building elevator rapidly descended and came to an abrupt stop between the first and second floors. As a result of the abrupt stop, Plaintiff was thrown to the ground and the elevator escape hatch fell and struck Plaintiff in the head, neck and shoulder.
Plaintiff alleged that the elevator repair company was negligent in the maintenance of the elevator and that the negligence resulted in the elevator malfunctioning, thereby causing the accident. Defendant elevator company argued that the elevator was properly maintained.
The following day, Plaintiff presented to Cabrini Medical Center with complaints of shoulder and neck pain. Plaintiff eventually came under the care of a neurologist and orthopedic surgeon. An MRI examination revealed a herniated disc at the C4/5 level.
Due to the failure of conservative treatment and a worsening of Plaintiff’s condition, Plaintiff ultimately underwent a fusion of the cervical spine at the C4/5 level. Plaintiff argued that as a result of his condition, he has been unable to resume employment and requires ongoing medical care and treatment. Defendants argued that Plaintiff’s injuries were not caused by the accident and that Plaintiff made a complete recovery from his injuries.
The parties agreed to a $1,900,000 settlement at a mediation prior to trial.
This matter was handled by Partner S. Joseph Donahue.
About Elevator Accident Cases
Elevator accidents can happen for a number of reasons including:
- Poor maintenance
- Defective product
- Improper installation
- Unsafe conditions
- Untrained management
Depending on the type of case, a number of parties may be liable including the building owner, the maintenance company, and the manufacturing company. Building occupants or visitors using the elevator may be struck by elevator doors, slip and fall in the elevator because of unsafe conditions, or be thrown to the ground because of sudden stop. Elevator accidents can result in very serious injuries. Victims may suffer broken bones, herniated discs, internal bleeding, head injuries, and – in some cases – even death.
If you’ve been harmed as a result of an elevator accident, call 212-736-5300 today for your free, no-obligation consultation.