PITTSBURGH – Litigation between a Western Pennsylvania woman and a pair of elevator manufacturers, over the plaintiff’s being trapped inside a pair of elevator doors due to a faulty sensor, has been settled.
Katherine L. Gardone of Monroeville first filed suit in the Allegheny County Court of Common Pleas on Aug. 7 versus Schindler Elevator Corporation of Morristown, N.J. and Walnut Ivanhoe Partners, LP, also of Monroeville.
“Upon information and belief, defendant Walnut owned, maintained and controlled real property located at 4175 Ivanhoe Drive, Monroeville, PA 15146. Schindler owned, maintained and controlled the elevator located there and built, installed, and maintained that same elevator,” according to the lawsuit.
“At all times relevant hereto, the plaintiff, resided and was lawfully on the premises of the defendants. On or about Sept. 4, 2018, plaintiff was attempting to use the above-referenced elevator, when, suddenly and without warning, the elevator doors closed on her due to a fault sensor causing her to become lodged between the doors and to suffer serious injury.”
The plaintiff claimed the defendants failed to take proper precautions such as warning the plaintiff of the danger when it had actual knowledge or should have reasonably known about the defective elevator, failed to properly, install and/or maintain the defective elevator and allowed the defective elevator top to remain in operation for an unreasonable amount of time, among other negligent failures.
Gardone said she suffered fractured ribs, a torn left rotator cuff requiring surgery, severe and continual mid-back pain, severe and continual knee pain and general loss of vitality and good health.
UPDATE
In subsequent answers and cross-claims to the complaint, the defendant manufacturers pointed blame at each other for the incident.
However, the case would be settled on Feb. 11, for an undisclosed amount.
“Kindly mark the docket in the above-captioned matter as settled and discontinued,” the praecipe filing stated.
Prior to settlement and for counts of negligence, the plaintiff was seeking damages in excess of the applicable arbitration limits, exclusive of interest, costs of suit, and a trial by jury.
The plaintiff was represented by Wayne M. Chiurazzi of The Chiurazzi Law Group, in Pittsburgh.
The defendants were represented by Steven H. Wyckoff of Wyckoff Law Offices and Andrew D. Sysak of Andracki Sysak & Artman, both in Pittsburgh.
Allegheny County Court of Common Pleas case GD-20-008464
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com