Facts

Devin Graham, 46, fell when an elevator in the San Francisco Airport Control Tower came to an abrupt halt. She sued the city and county of San Francisco for common carrier liability and Vertrans Inc. for negligent repair and maintenance of the elevator.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended the city and maintenance company were aware that the elevator stopped suddenly between floors. The plaintiff showed records of former trouble with the elevator and personnel's failure to repair the dangerous condition. The plaintiff's fall was caused, for example, by a dirty power transformer that was not repaired during a prior maintenance visit. Further, the city failed to exercise its utmost duty of care pursuant to exigent common carrier liability standards.

DEFENDANTS' CONTENTIONS:
The defendants contended they were not common carriers and exercised an adequate level of care in maintaining the elevator. The force of the abrupt stop was not forceful enough to cause plaintiff's alleged injuries.

Specials in Evidence

$95,000 $1.7 million for past and future lost earnings.

Damages

The plaintiff sought damages for federal workers' compensation lien and unspecified damages for past and future pain and suffering.

Injuries

The plaintiff suffered injury to two cervical discs and underwent surgery. The plaintiff claimed residual pain, limited movement, and permanent disability as a result of the accident.

Result

$1 million settlement in which Vertrans paid plaintiff insurance primary policy limit.