Case details

Plaintiff: Failure to properly repair elevator resulted in injuries

SUMMARY

$5614259

Amount

Verdict-Mixed

Result type

Not present

Ruling
KEYWORDS
back, cervical, emotional distress, fusion, glenoid labrum, herniated disc, lumbar, mental, neck, psychological, shoulder, tear
FACTS
On March 11, 2013, plaintiff Amy Zapotoczny, 43, an administrative assistant, was on her way down to the parking garage of her office building, in Walnut Creek. As she was riding in the building’s elevator, it suddenly and unexpectedly dropped twice before coming to an emergency stop. The cause of the incident was a loose door clutch that contacted a door lock, which opened a safety circuit and initiated the stops. Zapotoczny claimed she injured her right shoulder, neck, and back. Zapotoczny sued the owner of the office building, Sierra Pacific Properties Inc., and the elevator company that had repaired and maintained the elevator, Schindler Elevator Corp. Zapotoczny alleged that the defendants failed to properly repair and/or maintain the elevator, creating a dangerous condition. Sierra Pacific and Schindler Elevator filed a third-party claim against Otis Elevator Co., seeking indemnification. Plaintiff’s counsel contended that Schindler Elevator and Sierra Pacific failed to properly operate and maintain the elevator in the building in a reasonably safe condition and that the inadequate maintenance and repair caused the elevator to malfunction. Counsel argued that Sierra Pacific should have made sure the elevator was routinely inspected for possible malfunction and that it should have taken the elevator out of service following a similar incident 30 minutes before the incident involving Zapotoczny. Sierra Pacific and Schindler Elevator denied negligence, alleging that Otis Elevator had completed modernization work on the subject elevator in 2006 and maintained it until December 2012. However, Schindler Elevator had performed repairs on the elevator 10 days before the subject incident., The next day after the elevator incident, Zapotoczny presented her doctor with complaints of pain in her right shoulder, neck, and back. She subsequently underwent X-rays and was discharged. Zapotoczny was ultimately diagnosed with torn labrum of her right, dominant shoulder, and herniated cervical and lumbar discs at the C5-6 and L5-S1 levels. She ultimately underwent four surgeries, including arthroscopic surgery to repair her shoulder, a cervical fusion at C5-6 with the insertion of plates and screws, and a lumbar fusion at L5-S1 with the insertion of plates and screws. Zapotoczny claimed that she suffers from residual pain, causing limitations in her ability to perform activities of daily living. She alleged that she can no longer look down to perform activities such as read a book and that as a result, she is contemplating undergoing another cervical surgery. She also claimed that she suffers from emotional distress. Zapotoczny, who was in nursing school at the time of the incident, further claimed that as a result of her condition, she is unable to return to her job and that her aspirations to become a nurse are gone. Thus, Zapotoczny sought recovery of past and future medical costs, past and future loss of earnings, and damages for her past and future pain and suffering. Defense counsel did not actively dispute the Zapotoczny’s damages.
COURT
Superior Court of Contra Costa County, Martinez, CA

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