Sheriff's Deputy Paralyzed in CJC Elevator Crash Settles for $20.5M

Owens v. U.S. Facilities

$20.5M Settlement

Date of Verdict: Dec. 13.

Court and Case No.: C.P. Philadelphia No. 170103230.

Judge: Jerry Roscoe.

Type of Action: Personal injury.

Injuries: Partially paralyzed.

Plaintiffs Counsel: Michael Tinari, Leonard, Sciolla, Hutchison, Leonard & Tinari, Philadelphia.

Defense Counsel: Theodore Schaer, Zarwin Baum DeVito Kaplan Schaer Toddy; Nancy Nolan, Shimberg & Friel; Keith Johnston, Lucas and Cavalier; Christine Boyd, Lavin, O’Neil, Cedrone & DiSipio.

Comment:

The sheriff’s deputy who was partially paralyzed following a 2016 elevator malfunction at the Criminal Justice Center in Philadelphia has agreed to settle his claims against numerous companies for $20.5 million.

Paul Owens, who was paralyzed from the waist down after the elevator he was in sped up through the CJC before crashing into the ceiling, agreed to settle his claims against the companies late Thursday following a mediation before Jerry Roscoe, according to his attorney, Michael Tinari of Leonard, Sciolla, Hutchison, Leonard & Tinari.

“Paul and Heather are satisfied and happy to know that the money will cover their future medical costs and his living needs,” Tinari said. “That’s a weight off their shoulders.”

Owens and a court employee were injured during the crash that took place in early August 2016. The crash involved restricted-access elevators used mostly by judges and court staff, and raised concerns throughout the Philadelphia legal community.

Owens’ lawsuit, which was filed in January 2017, included allegations that the defendants were reckless and failed to notify the public of any warning signs regarding the elevators’ safety.

According to Tinari, who handled the case along with Christopher Fleming, the settlement was largely motivated by the severity of Owens’ injury and the evidence that was uncovered, which, Tinari said, showed there was faulty bolts and ring gear. According to Tinari, a company later bought by Otis performed maintenance on the elevator in 2009, and, when the ring gear was replaced, the original bolts, which dated back to 1994, were reused. The bolts, he said, should not have been reused, and over time they became loose and broke.

Several months after Owens’ lawsuit was filed, a whistleblower suit was also filed against U.S. Facilities, the management company that was allegedly responsible for maintaining the elevators. According to the complaint, a company employee who was the building manager for the CJC reported “life safety issues” starting in December 2013, but was later fired. Tinari told The Legal in August that the whistleblower suit bolstered Owens’ punitive damages claims.

Tinari said he could not disclose how much each party contributed to the settlement.

In an emailed statement to the press, thyssenkrupp spokesman Dennis Van Milligen said, “While all parties were able to reach a confidential resolution in connection with the tragic accident involving Sgt. Paul Owens at the Philadelphia Criminal Justice Center, no amount of compensation can ever give Sgt. Owens back what he lost that day. We hope this settlement brings some measure of closure to Sgt. Owens and his family.”

A spokeswoman for Schindler Elevator Co., which had also been sued, said the company denies the allegations in the suit and “contributed a very minor amount” to the settlement to avoid “further litigation expense.”

“Schindler is pleased to see this matter resolved and wishes the Owens’ well. Schindler was neither the elevator service provider when the subject event occurred nor was its equipment involved,” Kim Hoskins said on behalf of the company.

A spokeswoman for Otis said in an emailed statement, “It wouldn’t be appropriate for us to comment on the details of this serious legal matter, but we are pleased the many parties involved in this lawsuit were able to reach a settlement.”

A spokesman for the Philadelphia Law Department did not return a call for comment. U.S. Facilities also did not return a call to its headquarters.

Theodore Schaer of Zarwin Baum DeVito Kaplan Schaer Toddy, who represented U.S. Facilities; Shimberg & Friel attorney Nancy Nolan, who represented thyssenkrupp; and Keith Johnston of Lucas and Cavalier, who represented Schindler, each did not return a call seeking comment. Christine Boyd of Lavin, O’Neil, Cedrone & DiSipio, who represented Otis, declined to comment.

—Max Mitchell, of the Law Weekly