Area law firm wins $2M verdict

SPARTA — Andrew Fraser and Timothy Dinan, Partners at Laddey Clark & Ryan LLP of Sparta recently obtained a $2 million verdict against Morristown-headquartered Schindler Elevator Corporation in a jury trial in Reno, Nevada.
The jury returned a $2 million verdict on July 13, 2018 ,to a California man, John Deatherage, who suffered permanent spinal damage as a result of an elevator malfunction that occurred in July 2014. Mr. Deatherage was a passenger on an elevator in the Harvey’s Casino in Stateline, Nev., when the elevator dropped suddenly and came to a violent stop.
The Laddey Clark & Ryan team has successfully sued Schindler twice previously, obtaining verdicts of $4 million and $8 million.
Schindler Elevator Corporation, which has the national contract to maintain all of the elevators and escalators at every Caesar’s-owned hotel and casino across the country, was found to have negligently maintained this elevator. Twenty-four maintenance checks were required a year; Schindler only performed five visual inspections in the year leading up to the malfunction.
Under its contract with Caesar’s, Schindler was paid a flat fee of $50,000 per month for preventative maintenance at Harvey’s Casino. It received the same amount of money whether it performed the maintenance five or 24 times. Schindler’s repair records indicated this elevator frequently broke down in 2014, but the company’s mechanic did not identify why. Several of his records indicated “more troubleshooting” was required to determine the cause of the malfunction, but Schindler produced no records of any follow-up work being done.
The six-day trial in Federal Court in Reno was presided over by Miranda M. Du, U.S.D.J. Andrew Fraser and Timothy Dinan, Partners at Laddey Clark & Ryan LLP of Sparta, were temporarily admitted in Nevada due to their expertise in handling elevator cases, especially against New Jersey-based Schindler. The case required a unanimous verdict from the eight jurors empaneled in the case.
Prior to the verdict, Schindler had offered only a $12,000 settlement.
"It was an insulting offer, which precipitated the trial,” Dinan said, “The evidence was clear that Schindler woefully neglected to properly maintain the elevator which was located in a very busy hotel. This is about safety and putting people first.”
Local counsel Cal Dunlap and Monique Laxalt of Dunlap & Laxalt provided assistance to the Laddey Clark & Ryan attorneys. Elevator expert Joseph Stabler of St Louis was flown in to testify. Neurosurgeons, Drs. William S. Reid and Joel E. Norman of Knoxville also testified on behalf of Plaintiff. Schindler countered with elevator expert John Donnelly from Chicago and biomechanical engineer Hanhtrinh Le of San Francisco.