Defendant Elevator Corporation was the sole entity responsible for the safe maintenance, service, operation and repair of the subject elevator. They had a resident elevator mechanic assigned to the subject building on a full–time basis whose duty it was to inspect service and maintain the elevators and their parts in a safe condition. Three days after the subject accident, the elevator was inspected by an elevator inspector with the local Building Department who concluded that the rope grip mechanism on the governor was defective and violations were issued. Defendant strongly maintained that they had no knowledge of the defective governor and that a problem with the power in the building caused the subject accident.
The plaintiff was extricated from the elevator by EMS and was taken via ambulance to a local emergency room. She was diagnosed with a trimalleolar fracture of the left ankle. Over the next year, she underwent 3 surgical procedures and months of physical therapy. Following extensive settlement negotiations with representatives of defendant elevator company, a settlement was reached in the amount of $1,725,000 on the eve of trial.