Beth Jensen v. Security Pacific Plaza, Otis Elevator Company, et al.
Published: May 13, 1995 | Result Date: Apr. 18, 1995 | Filing Date: Jan. 1, 1900 |Case number: BC084413 – $45,450
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Steven V. Angarella
(Angarella Law)
Defendant
Experts
Plaintiff
Thomas Gunzler
(technical)
Carol M. Frey
(medical)
Defendant
Anthony Alter
(medical)
William R. Hoelscher
(technical)
Facts
On November 30, 1992, Plaintiff Beth Jensen, a 38-year-old benefits coordinator was leaving work at Security Pacific Plaza. She alleged that she stepped into an elevator on the forty-third floor, which had misleveled approximately 8 to 10 inches below the forty-third floor. Defendant Otis manufactured the elevator, installed it, and maintains it pursuant to a maintenance contract with the owner of the building. Following the accident, one of the employees of Defendant found a broken pawl magnet pivot arm on the elevator. He removed the broken part, installed a replacement, and threw the broken pieces into the trash. Before trial Plaintiff settled with the building owner for $10,000.
Settlement Discussions
Plaintiff contends she made a 998 demand in the amount of $60,000 reduced to $50,000 with an indication she was willing to negotiate; and Defendant Otis made no offer.
Specials in Evidence
$6,200 $1,750 $6,500 to $12,000 $15,000
Damages
Plaintiff asked the jury to award $300,000.
Injuries
Sprained right ankle and fracture (disputed) of the cuboid bone of the right foot. Plaintiff's treating physician recommended future arthroscopic debridement and bone fusion (Defendant disputed).
Result
The jury found liability on each cause of action, including the elevator defect in design on the basis that it fails to have a sensor on the car which would prevent the elevator doors from opening unless the elevator was substantially level; at trial Defendant Otis presented evidence that there are over 1,000,000 Otis elevators in operation around the world which use this type of selector system.
Other Information
A prior arbitration (November 1992) was conducted by Stephen Tabor with a decision in favor of the Defendant Otis; trial de novo by Plaintiff.
Deliberation
1 day
Poll
varied
Length
6 days
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