Facts

On Aug. 1, 2006, the decedent, a 43-year-old husband and father of four, was killed when an elevator inadvertently struck him. The decedent was a maintenance employee and was cleaning an 8-foot high glass barrier, which was situated around the subject glass observation elevator. The decedent went up a ladder and was cleaning the inside of the glass barrier when the elevator struck his head as it was descending.

PLAINTIFFS' CONTENTIONS:
The plaintiffs contended that the property management company and owner were legally responsible for violating California law, which requires that only licensed workers could clean the glass barrier. In addition, the plaintiffs claimed that the manufacturer of the elevator was responsible for a design defect by allowing the glass barrier to be situated in close proximity to the moving elevator, resulting in an entrapment hazard.

DEFENDANT'S CONTENTIONS:
The defendant contended that the decedent was not authorized to clean the glass barrier and defendants were unaware of his doing so. The decedent should have de-energized the elevator if he was to clean the glass. The decedent was aware of the hazard of a moving elevator. There was no defect in design.

Result

The case settled for $3,750,000 with Jeffrey Krivis, Esq., before designation of experts.