Date: 06-28-2024

Case Style:

Rosa Orozco v. Schindler Elevator Corporation

Case Number: 3:22-CV-7499

Judge: Peter G. Sheridan

Court: United States District Court for the District of New Jersey (Mercer County)

Plaintiff's Attorney:

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Defendant's Attorney: Edward Depascale

Description:

Trenton, New Jersey personal injury lawyer represented the Plaintiff who sued on an elevator negligence theory.

"On July 17, 2018, the New Jersey Supreme Court issued an important ruling on an elevator negligence case that is likely to impact similar cases involving elevator accidents and complex issues of negligence and liability.

In the case, NJ Supreme Court justices cited a previous case, Jerista v. Murray, in which the court ruled that a doctrine allowing a permissive interference of negligence against parties who exercise exclusive control of devices that malfunction and cause injuries applied to a supermarket’s automatic door that failed to function properly, and struck and injured a customer entering the store.

In relation to that previous ruling, the court held that the same principles also applied to a case involving a condominium building’s elevator doors which opened and closed on a resident as she attempted to exit the elevator, causing serious injuries. After the accident, officials found that the elevator’s malfunctioning electric eye caused the elevator doors to unexpectedly and repeatedly close on the victim. The doctrine applied to the elevator accident case, justices ruled, because any person would not expect that elevator doors would strike someone entering or exiting an elevator." Levinson Axelrod

Outcome: 06/28/2024 16 Order Administratively Terminating Action - 60 Day, Pending Consummation of Settlement. Administrative Termination deadline set for 8/27/2024. Signed by Judge Peter G. Sheridan on 6/28/2024. (ijf) (Entered: 06/28/2024)

Plaintiff's Experts:

Defendant's Experts:

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