Yaron Kaplan v. Shlomo, Uzi, and Rachel Einy v. Robert Elevator Co., Inc.

Yaron Kaplan v. Shlomo, Uzi, and Rachel Einy v. Robert Elevator Co., Inc.

BRAIN DAMAGE

part-time student and businessman

New York, NY

This case resulted in a $3,350,000 settlement of which $1,500,000 was structured

$1,500,000.00

XIV/25-34 ELEVATOR ACCIDENT TENANT FALLS DOWN OPEN ELEVATOR SHAFT DUE TO DEFECTIVE INTERLOCK BRAIN DAMAGE

SETTLEMENT: Yaron Kaplan v. Shlomo, Uzi, and Rachel Einy v. Robert Elevator Co., Inc. 20342/90 Date of Settlement 10/1/96 New York Supreme

Pltf. Atty: David C. Cook of Kreindler & Kreindler, Manhattan

This case resulted in a $3,350,000 settlement of which $1,500,000 was structured. Pltf., a 26-year-old part-time student and businessman, claimed that on 9/16/89 he fell four floors down a service elevator shaft at Deft. s apartment building on West End Ave. in Manhattan. Pltf. claimed that he exited his apartment, pivoted toward the open elevator hoistway door that was 18 inches from his apartment door, and fell into the empty elevator shaft. Pltf. landed on his head on top of the elevator car located on the lobby level below. He argued that the interlock system had malfunctioned due to wear and negligent maintenance and that Deft. landlords failed to have it repaired. Tenants of the building testified that they saw Deft. performing their own repairs on the elevator.

Defts. Einy argued that they had an elevator contract with Third- party Deft. Robert Elevator. Third-party Deft. claimed that the contract to repair the service elevator had been canceled in October 1983, and that that it only performed 1- and 2-year mandatory testing on the elevator. Pltf. argued that no repairs had been made on the service elevator for 6 years. Defts. Einy testified that no one other than Robert Elevator performed repairs or maintenance.

Injuries: brain damage resulting in frontal lobe injury, left-sided hemiparesis, shearing of the brain stem, and severe cognitive disorders. Pltf. claimed that he was permanently disabled as a result of the incident . Specials: $86,000 for medical expenses. Carrier: Liberty Mutual for Einy; Mutual Marine Office for Robert Elevator. Settlement apportionment: $ 350,000 was paid by Robert Elevator; $3,000,000 was paid by Einy. Pltf. Expert: Jeffrey Ketchman, mechanical engineer, Mineola; David Hopkins, economist, Philadelphia, Pennsylvania; Dr. Brian Hainlin, neurologist, Manhattan; Dr. Thomas Kay, neuropsychologist, Manhattan; Edmond Provder, vocational rehabilitation, Manhattan.