ELEVATOR FALL - HERNIATED CERVICAL DISCS AND LOWER BACK PAIN AND DEPRESSION SURVEILLANCE VIDEOTAPE
As reported in The New york Jury Verdict Reporter
SETTLEMENT: Jeffrey Katz v. Damone Elevator Co and Metropolitan Design, 1246TSN/96
Date of Settlement 6/22/2001 New York Civil
Pltf. Atty: Kim Higgins Townsend, Manhattan, trial counsel to Levy & Levy, Manhattan Deft. Atty. Darrell J Whiteley of Lester, Schwab, Kau & Dwyer, Manhattan
This case settled after summations and the charge for $265,000, Pltf., a 35 year old self employed man in the advertising business, claimed that on 1/19/1996, while leaving the office at 18 West 27th St in Manhattan, the Passenger elevator plunged 79 stories downward at an excessive speed and landed on the springs in the elevator pit. Pltf. claimed that the building owner and the elevator maintenance company had permitted the elevator to fall into a dangerous date of disrepair due to improper maintenance and modification, and thus created the conditions resulting in the excessive speed and failure of the normal stopping function. Deft. contended that the emergency brake did not deploy and that the elevator, therefore, could not have plunged at an excessive rate of speed Deft also contended that the force of the elevator's emergency stop was insufficient to cause Pltf.'s injuries
Note: This settlement took place after summations and charge, after 12 days of trial during which 17 witnesses were called.
Injuries : herniated cervical and lumbar discs; depression. After the accident Pltf. want to Bellevue Hospital. Thereafter he sought treatment for lower back pain and also required treatment of psychological difficulties. Later MRIs showed a deterioration of the tower back and two herniations in the cervical spine. A psychologist diagnosed PItf. with chrome depression. Pltf. also suffered from increased anger and frustration as a result of his condition and his United ability to manage his business
Deft. contended that PItf.'s 's exhaustive neurological examination at Bellevue Hospital, at the time of the event, was negative wait that Pltf. had sustained, at most, a lower back sprain. Deft, further contended that the lower back paw was completely resolved after 6 months and that Pltf. was not being truthful in claiming continued tower back pain Deft also claimed that the herniations were degenerative and not causally related. Deft, also argued that video surveillance in July and September 2000, and again in April 2001, showed Pltf. had no physical limitations or emotional distress Deft.'s expert physiatrist testified in conjunction with the showing of the video, and explained how Pltf.'s 's movements, as seen on film, were at odds with his testimony. Deft.'s expert psychiatrist testified that Pltf. was, not depressed, but conceded that he might be angry and frustrated at his condition.
Pltf. Experts: Dr. Jay Rosenblum neurologist, Manhattan, Dr Howard Romborn psychologist, Great Neck
Deft Experts: Dr. Robert Goldberg physiatrist Manhattan; Dr. David Yamins psychiatrist Manhattan