A lawsuit has been filed by a student who observed another student killed in an elevator accident. Andy Polakowski, a freshman in college, was killed in a dormitory elevator accident that happened two years ago today at Ohio State University. Miles B. Morris, the student who has sued the university over the accident that killed Polakowski, was in the elevator when the 18-year-old was crushed between the ceiling of the elevator and the third-floor lobby of a school dormitory in October of 2006. Polakowski was trying to get off the overloaded elevator when it unexpectedly descended with its doors open.
Ohio State, Otis Elevator and Abell/Irvin Elevator Service, as well as companies affiliated with Otis and Abell, were named as Defendants in the suit. It was alleged that defective design and construction caused the incident. It was alleged in the suit that the mental and emotional distress of seeing the student die has required the Plaintiff to undergo counseling.
The student killed was in the front of the elevator and tried to jump out but made it only halfway before he was crushed with his legs hanging inside the elevator. The Ohio Department of Commerce, which monitors the safety of Columbus elevators, concluded that the brakes failed in the Stradley elevator that killed the student. Tests after the accident found that the elevator would not hold the amount of weight it was supposed to, which was 3,125 pounds. Otis manufactured the elevator and had the contract to service it until October 1, 2006. Abell/Irwin, now known as Oracle Elevator Co., has had the OSU elevator-service contract since then. Thus far, no wrongful death lawsuit has been filed by the victim’s family and I believe the statute of limitations has run.
Source: Columbus Dispatch
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