AS PUBLISHED IN The New York Jury Verdict Reporter
XVIII/18 5 ELEVATOR ACCIDENT
IMPROPER MAINTENANCE
HERNIATED LUMBAR DISC
Gladys P. v. Millar Elevator Industries, Inc. 106492/97 8 day trial Verdict 10/4/00 New York Civil
Judge: Lucy Billings
Verdict: $300,000. Breakdown: $100,000 for past pain and suffering; $200,000 for future pain and suffering
Deft.'s oral motion to set aside the verdict as against the weight of the evidence was denied
Jury: 3 male, 3 female.
Pltf. Atty: Kim Higgins Townsend, of counsel to Levy & Levy, Manhattan
Deft. Atty: John J. Tracy of Tracy & Stillwell, Staten Island, of counsel to London & Doherty, L.L.P., Manhattan
Facts: On 8/16196, Pltf, a 52 year old principal administrative aide was injured in Deft's elevator in Manhattan. Pltf. claimed that she was descending from the 13th floor when the elevator plunged downward suddenly and with excessive speed, causing the emergency brake to deploy, which brought the elevator to an abrupt and jerking halt.
Pltf. argued that Deft.'s elevator maintenance records clearly established that the subject elevator car had experienced repeated mechanical failures involving the SCR drive. Specifically, Pltf. argued, a malfunction in the SCR drive caused the mechanism to blow a fuse on approximately 12 occasions in the 15 months preceding her accident. Pltf.'s expert engineer testified that that the repeatedly blown fuses indicated that an electrical overload of indeterminable origin caused the elevator to malfunction Deft. denied Pltf's claim that the elevator plunged at an excessive speed.
Injuries: herniated lumbar discs at L3 4 and L4 5. PItf received immediate care from her HMO physician and followed up with physical therapy, which was terminated after approximately 12 weeks. Thereafter, she treated with a neurologist, who ordered an MRI and diagnosed herniated lumbar discs at L3-4 and L4-5. PItf. continues to treat with a chiropractor approximately twice a month. She testified that she still suffers from constant pain in her lower back that affects her sleeping habits, extra curricular and social activities, and such daily activities as climbing stairs and performing household chores. Pltf. further testified that although she did suffer a back injury in 1987, she had been pain free prior to the subject accident She claimed that the subject accident caused the pain that she presently experiences and that, in addition to her original injuries, she suffered an aggravation of pre existing and quiescent back pain. Deft. contended that the force of the elevator's emergency stop was insufficient to cause the claimed injury, and claimed that a 1987 motor vehicle accident was the sole cause of any lower back pain suffered by Pltf. Deft. argued that the injuries suffered by PItf. in the 1987 accident were identical to those she was claiming in the subject accident. The physician who treated Pltf. following the 1987 accident testified for Deft. that Pltf. had sustained, among other injuries, herniated discs at L3 4 and L4 5 Deft.'s expert neurologist testified that, based on his IME and a review of the MRI films, there was no evidence of herniated discs or nerve impingement after the subject accident. Demonstrative evidence: elevator maintenance records; reports of Pltf's 1987 medical treatment; photograph of PItf. Ofter: $15,000; demand: $150,000; amount asked of jury: $1,000,050. Note: The Appellate Term subsequently reduced the verdict to $165,000.
Pltf. Experts: Stanley Fein, P.E., engineer, Plainview; Dr, Gerald Klingon, neurologist, Manhattan; Dr. Alan Rosen, chiropractor, Queens.
Deft. Experts: Dr. David Dickoff, neurologist, Yonkers; Dr. Stanley Ross, orth. surg., Forest Hills.