Gray•Duffy negotiates favorable settlement in lawsuit involving a 103-year-old plaintiff who fell when the elevator at his apartment building failed to properly level.

May 2018

Overview

Michael Eisenbaum of Gray•Duffy’s Encino, CA office successfully negotiated and resolved a personal injury lawsuit filed by an elderly tenant against the property owner, after the tenant fell while getting into an elevator in the building.

Discussion:

Koon Sik Ji v. Wilton Wilshire Arms, L.P.

Plaintiff, age 103, filed a lawsuit against his apartment complex after breaking bones in his hand when he fell as a result of the elevator not properly leveling as he was entering. He also claimed soft tissue injuries to his neck, back and shoulder.

On behalf of the apartment owner, we cross-complained against the elevator maintenance company, whose records showed that they had recommended modernizing this elevator many years prior to the incident.

Due to the Plaintiff’s age, the court granted Plaintiff’s motion for trial preference, so the case was on a tight schedule. We quickly engaged Plaintiff’s counsel in settlement discussions, and he made a settlement demand of $100,000, which was reduced to $75,000 and then $50,000. Ultimately, the case was settled for the total of $15,000, after we filed a Motion for Summary Judgment, with $10,000 paid by our client, and $5,000 paid by the elevator maintenance comcompany.company.

Judgment, with $10,000 paid by our client, and $5,000 paid by the elevator maintenance company

Please Note: This article is necessarily general in nature and is not a substitute for legal advice with respect to any particular case. Readers should consult with an attorney before taking any action affecting their interests.