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Elevator mechanic settles case for $5 million

September 28th, 2007 by John Simon

An assistant elevator mechanic who was injured when the elevator he was servicing suddenly began to rise pulling him up six stories, has settled his product liability lawsuit against the elevator company for $5 million. He was represented by John G. Simon and Amy Collignon Gunn of Simon Passanante and Chris Dysart of the Dysart Law Firm.

On May 11, 1999, an assistant elevator mechanic, 29, was working with another mechanic to modernize an elevator at the Federal Reserve Building located in the City of St. Louis. The elevator doors were open and stationed on the third floor. The mechanics had been using a temporary control box to raise and lower the car.

While working outside the elevator, the car suddenly began to ascend. The assistant elevator mechanic, in an attempt to stop the car, reached into the open elevator doors and grabbed the temporary control box. He hit the red emergency stop button to halt the elevator’s ascent but the car continued to move. His upper body was trapped inside the car. His midsection and lower body were outside the car, stuck in the two and one half inch space between the shaft and the car. He was dragged up six floors before the car finally stopped at the top floor.

The assistant elevator mechanic survived the accident but was critically and permanently injured.  He sustained multiple deformities and abrasions to his lower extremities, fractures to the right and left femur, left fibula and pelvis.  He sustained extensive degloving injuries to his buttocks and the backs of his legs.  The dead tissue from his back, thighs and buttocks had to be removed and required multiple skin grafts. He also suffered serious internal injuries including a partially collapsed lung and multiple abdominal insults requiring a colostomy bag for over two years.

The assistant elevator mechanic sued the company that made both the elevator and the temporary control box in the City of St. Louis Circuit Court. He claimed the temporary control box was defective because the spring clips that kept the off and on switches in place inside the box had popped out. As a result, the unsecured “up” switch was allowed to come in contact with the box and activated the elevator car and caused its ascent.

The assistant elevator mechanic also claimed that the temporary control box was defective because the metal plate on top of the control box had shifted underneath the emergency stop button, which rendered the stop button useless. The manufacturer had drilled holes in the top plate that were bigger than the screws used to secure it. The larger holes allowed the plate to shift, obstructing the operation of the stop button.

The elevator company denied the allegations. It asserted that the service mechanics should not have been using the temporary control box to raise and lower the car. However, the assistant elevator mechanic demonstrated it is a well-established custom and practice within the industry for elevator mechanics to use the temporary control box while servicing the elevator.

The elevator company also argued that the assistant elevator mechanic was negligent when he reached into the moving car in an attempt to stop it. The elevator company argued that assistant elevator mechanic should have let it go.
 
The case went to trial on June 25 and after five days, it settled for $5 million. The elevator company did not admit liability.

If you or someone you love has been hurt due to a dangerous product, contact John G. Simon or Amy Collignon Gunn toll free at 1-877-767-3108.

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