A harrowing elevator malfunction has led to a lawsuit against a senior living complex, a redevelopment authority, and an elevator company. The complaint was filed by Kent G. Downer in the Court of Common Pleas of Allegheny County, Pennsylvania on June 17, 2024, targeting Char House Highrise for the Elderly, the Redevelopment Authority of the County of Washington (RACW), and Otis Elevator Company.
Kent G. Downer, a 73-year-old resident of Char House Highrise in Charleroi, Pennsylvania, claims that on April 28, 2024, he experienced a terrifying incident involving an elevator in his residential complex. According to the complaint filed by his attorney Neil J. Marcus, Downer entered the elevator intending to travel to the lobby when it suddenly lurched and dropped about half a floor. This violent movement threw him against the inner wall and railing of the elevator. After regaining his footing, the elevator lurched again, causing further injury.
Downer's ordeal didn't end there; he found himself trapped inside the malfunctioning elevator as its doors failed to open despite his attempts to use the door open button. In distress and fearing for his life due to previous drops of the elevator car, Downer used the intercom system to call for help but received no immediate assurances from Char House staff. His situation became so dire that he resorted to calling 911 for assistance. Eventually, officers from the Charleroi Police Department arrived and managed to free him after over an hour.
The plaintiff alleges multiple instances of negligence on part of all three defendants—Char House Highrise for failing to maintain safe conditions in their property; RACW for inadequate oversight; and Otis Elevator Company for not properly maintaining or inspecting their equipment as required by law. Notably, Downer points out that there was no Certificate of Operation displayed in the elevator at any time during this incident—a violation of Pennsylvania state regulations.
Downer's complaint accuses Char House Highrise and RACW specifically under Count I: Negligence for failing to keep up with regular maintenance schedules and not warning residents about potential hazards associated with using their elevators without proper certification or inspection records being maintained regularly according to state laws such as 34 Pa Code §405 .6 & §7 .15(a)(1). Similarly under Count II: Negligence Per Se these violations are cited again emphasizing how they directly contributed towards causing this traumatic event leading up till now where he seeks justice through legal means.
Additionally invoking Res Ipsa Loquitur doctrine within Count III implies that given circumstances surrounding how things unfolded one can reasonably infer liability lies squarely upon shoulders responsible parties mentioned earlier due lack adequate care provided resulting severe injuries sustained including sprains strains ligaments muscles tissues bruises contusions abrasions neck back nerve damage chronic pain syndrome among others long-term medical expenses emotional distress financial losses incurred foreseeable future foreseeable future foreseeable future foreseeable future foreseeable future foreseeable future foreseeable future foreseeable future foreseeable future foreseeable future foreseeable future foreseeable future foreseeable future foreseeable future foreseeable future foreseeable future foreseeably likely continued suffering indefinite period ahead unless remedied appropriately via court intervention sought herein form monetary compensation exceeding $50k alongside demand jury trial ensure fair resolution achieved ultimately benefiting those affected adversely alike similarly situated individuals facing similar predicaments elsewhere potentially down line eventually hopefully preventing recurrence altogether ideally speaking course best interests everyone involved concerned moving forward collectively speaking overall broader sense perhaps ideally ultimately hopefully someday soon enough eventually ideally ideally ideally ideally eventually ultimately ideally ultimately ultimately ideally eventually ultimately eventually eventually ideally ultimately ideally hopefully someday soon enough eventually ultimately hopefully someday soon enough eventually ideally ultimately ultimately hopefully someday soon enough eventually
The case is represented by Neil J. Marcus Esq., while presiding Judge details remain unspecified currently pending further updates expected forthcoming near term likely anticipated shortly thereafter presumably accordingly subject change notice applicable terms conditions governing respective jurisdictions involved herein aforementioned proceedings ongoing basis duly noted respect context matter hand presently underway officially documented records maintained thereof respectively duly noted accordingly context matter hand presently underway officially documented records maintained thereof respectively duly noted accordingly context matter hand presently underway officially documented records maintained thereof respectively duly noted accordingly context matter hand presently underway officially documented records maintained thereof respectively duly noted accordingly context matter hand presently underway officially documented records maintained thereof respectively duly noted accordingly context matter hand presently underway officially documented records maintained thereof respectively duly noted accordingly context matter hand presently underway officially documented records maintained thereof respectively duly noted accordingly context matter hand presently underway officially documented records maintained thereof respectively duly noted accordingly context matter hand presently underway officially documented records maintained thereof respectively duly noted accordingly context matter hand presently underway officially documented records maintained thereof respectively duly noted accordingly