This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Personal Injury (Non-Vehicular)
Premises Liability
Elevator Accident

Denise Wilder v. Montgomery Kone Inc., ITT Sheraton

Published: Aug. 17, 1996 | Result Date: Jul. 23, 1996 | Filing Date: Jan. 1, 1900 |

Case number: KC019706 –  $0

Judge

James M. Sutton Jr.

James M. Sutton Jr.

Court

L.A. Superior Norwalk


Attorneys

Plaintiff

Robert Schroth

Robert Schroth


Defendant

Laura L. Lipscomb

Michael J. Danner
(Law Offices of Michael J. Danner)

Laura L. Lipscomb

Michael J. Danner
(Law Offices of Michael J. Danner)


Experts

Plaintiff

Richard D. Jones
(Jones Mayer) (medical)

Stuart Neffeler
(technical)

Russell Kramer
(technical)

Russell Kramer
(technical)

Stuart Neffeler
(technical)

Richard D. Jones
(Jones Mayer) (technical)

David Kupfer
(medical)

David Kupfer
(medical)

Defendant

Charles S. Lane
(medical)

Donald Hoy
(technical)

Theodore Vavoulis
(technical)

Barry Friesen
(technical)

Charles S. Lane
(medical)

Theodore Vavoulis
(technical)

Facts

On May 15, 1994, plaintiff Denise Wilder, a 29-year-old hairstylist, claimed that while using an elevator in defendant ITT Sheraton, her right hand was caught between two closing passenger elevator doors. She was attempting to keep the doors from closing at the request of a person waiting to get into the elevator at the time of the incident. The plaintiff alleged that the doors crushed and cut her right hand when they closed. The plaintiff brought this action against the defendants, Montgomery Kone, Inc. (who installed and maintained the elevator), ITT Sheraton and Beck Summit Hotel Management, based on premises liability and common carrier theories of recovery.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $300,000. The defendants made no settlement offers.

Specials in Evidence

$9,500 $12,000 $300,000 $2,500

Injuries

The plaintiff alleged a partial amputation and a fracture to a portion of a finger on her right hand in addition to fractures to other fingers on her right hand, requiring surgery and future surgery to repair the nail bed of the long finger on her right hand.

Other Information

The verdict was reached approximately one year and two months after the case was filed. POSTY TRIAL MOTIONS: The plaintiffs intend to file an appeal.

Deliberation

3 hours

Poll

12-0 (ITT Sheraton); 9-3 (Montogmery Kone Inc.)

Length

5 days


#113889

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390