Testimonials

I needed an elevator expert and considered Stephen Carr, Ph.D. of San Francisco but he was almost twice as expensive as a local, former elevator mechanic. The mechanic seemed to know his stuff but after spending my time and money, he told me that there was nothing wrong with the elevator and that I had no case.

The trial was just weeks away. In desperation I wrote off the first guy and hired Dr. Carr. Carr analyzed the elevator and found the problem of closing door timing that caused the injury to my client. His deposition went well and my case was strong.

I discovered the hard way that most elevator experts are trained by the industry and think from that perspective. Cheap turned out to be expensive and vice versa.

Armon Akaragian, Esq. - Los Angeles, CA

(323)653-6311      AAkaragian@GaroLaw.com 

THE JOB OF THE PLAINTIFF EXPERT: FINDING THE CAUSE OF THE ACCIDENT

I was investigating a gruesome elevator death case involving a minor child.  There was a plethora of issues to sort through and I really did not know where to begin because it was the first time I had handled an elevator case.  I contacted Steve Carr and arranged for him to investigate the scene of the incident.   

At his investigation, Dr. Carr meticulously investigated the elevator.  He put it back into operation and discovered a code violation which was directly related to the cause of death.   

This case was resolved with the understanding that details could not be publicized, but suffice it to say, I would, and will, use Steve Carr again and again in any case which remotely involves vertical transport.  He is a class act and a difference maker in cases.

Travis L. Holtrey, Esq. - Owensboro, KY    

(270) 684-8400    TLH@Caslin.org

 PROVING THE POINT

We hired Dr. Stephen Carr to assist with our elevator accident case and in hindsight, we are certain that we hired the right expert.

During his inspection, Carr actually put the attorneys in the elevator (after we signed his simple release form) and demonstrated the very sequence of events that triggered the injury of our client. This demonstration really helped seal the case.

Steve Carr's knowledge of elevators and ability to pinpoint the service problems made us very confident in our liability case. Hiring him demonstrated to the elevator company (who knew him very well) that we were serious and prepared to go to trial if they did not make a satisfactory offer to us. The case settled at mediation with a very good result.

I am pleased to recommend Dr. Carr for his vertical transportation expertise.

David Gentry, Esq. - Santa Ana, CA    

 EXPENSIVE BUT EFFECTIVE

I used Steve Carr in early 2010 as my engineering expert for a case where three people were in an elevator that traveled down several floors with the door wide opened.

I found Carr to be effective in advising me and I settled the case without the cost of trial, an inspection or even his deposition. Also, the defendant elevator attorney made it clear she did not like him - a good sign from my point of view!

Dr. Carr is well known in Southern California as one of the few true elevator experts who has not been compromised by past employment in the elevator industry. He is the one I will call should I ever accept another elevator case. 

Ronald I. Goldszer, Esq. - Beverly Hills, CA     

(310) 657-3322     mailto:RGoldszer@Earthlink.net

ALL ENGINEERS ARE NOT ELEVATOR EXPERTS

I first retained a local engineer to be my ‘elevator expert'. While a smart guy, it quickly became clear his opinions would not pass muster under the recent South Carolina Supreme Court case of Hudson v. Ford Motor Co., which places almost insurmountable obstacles on anyone being qualified as an expert, unless they had substantial experience in the field.  Seeing this was not working, I found Dr. Stephen Carr, a nationally recognized elevator engineering expert who has extensive experience.  

Carr is not inexpensive, but he is very good, and worth every dollar.

The elevator company claimed that they did not know exactly what happened and at first denied any serious problems had occurred. The ropes that support the elevator car had become twisted over one another on the sheave and the safeties had set and yet the switch, under the car designed to cut off power, failed to activate. My client was injured in the elevator from being trapped for an hour while hammered every few seconds with a pile driver-like motion and force.

Working with just written input from the various parties, Carr explained exactly what happened and how horrific it was for my client to live through the experience. Carr hit the nail on the head, and with his input I settled this case for a most acceptable result.

Michael W. Sautter, Esq. - Charleston, SC

(843) 795-9500      MikeWSautter147@aol.com

 EFFICIENT RESOLUTION

I utilized the services of Dr. Stephen Carr for my elevator malfunction case. He was invaluable in teaching me the correct terminology and science of vertical transportation. With his expertise, I was able to effect a very satisfactory settlement from the maintenance company and elevator owner. He was particularly flexible in scheduling and conferencing with my office.

I highly recommend his services and would use him again in a heartbeat.

Sandra M. Kelley, Esq. - Cleveland, OH     

(216) 236-2400       SKelly@RayRobCle.com

MILLION DOLLAR VERDICTS

March 4th, 2010 Blackman Legal Group handled the elevator accident case of Dennis Koepnick from intake through trial and appeal resulting in a total collection of $6,480,000 million.  In the process, BLG prevailed over the top defense appellate firm in the state, Horvitz & Levy, to strengthen and maintain an important caveat to Proposition 51.

Dennis, 62, was a delivery man who arrived at an office building owned by Kashiwa Fudosan America, Inc. to deliver air conditioning registers to the second floor.  He was instructed by one of the property manager's engineers to use a particular elevator.  The elevator made a lot of noise but Dennis didn't know anything was wrong.  On his final descent, the elevator came to a very violent and abrupt stop causing his knees to buckle and he fell.  Though he walked away that day, his treating orthopedist would later opine that the event tore his lumbar discs resulting in his eventual spinal reconstructive surgery.  Diligent discovery, including a successful motion to compel, found a log kept by the security company that noted reports of shaking and banging noises from the elevator the previous night.  The nighttime building engineer had ordered that the elevator be taken out of service but the morning engineer, who instructed Dennis, was not aware of the order.  No one had called the elevator company before putting the elevator back into service. 

After the incident, photographs in the machine room showed a cable that was off its sheave.  The cable flaying had caused the loud bangs and the next morning, when the cable finally caught on the machine, the elevator car, with Dennis in it, was brought to the abrupt injury producing stop. 

Dennis had past medical expenses and past loss of earnings of approximately $130K each.  After a six figure settlement with the elevator company, BLG rejected a substantial six figure offer on behalf of the building owner and proceeded to trial.  Stephen Carr, engineering Ph.D. and elevator expert, explained the details of the equipment malfunction to the jury.

The case at trial included a probable future surgery and loss of earnings until age 70.  The jury awarded over a million dollars in special damages and $4.25 million in general damages.  On liability, the jury apportioned fault 75% to the building owner through their property managing agent and 25% to the independently contracted elevator company.  The comparative fault claim was rejected.  Republican appointee Hon. Diane Wick (ret.) entered judgment against the building owner for 100% of Dennis' damages, including the portion of non-economic damages caused by defendant's independently contracted elevator company, and rejected defendant's motion for new trial based on excessive damages.  The court ruled that because the property owner had a non-delegable duty, Proposition 51, which normally pertained to damages caused by an independent contractor, did not apply.

In Dennis Koepnick v. Kashiwa Fudosan America, Inc. (2009) 173 Cal.App.4th 32, Kashiwa, represented by Horvitz & Levy, asserted that new elevator regulations required them to hire a certified elevator company and that therefore Restatement of Torts 2nd section 422(d) provided an exception to the non-delegable duty rule.  If required by law to delegate, and prohibited from performing the work on their own, Kashiwa claimed their legal duty must be deemed delegable.  Without the non-delegable duty exception, Proposition 51 would apply to reduce the judgment by 25% of the non-economic damages, over a million dollars.

The court rejected Kashiwa's assertions, refusing to recast the property owner's duty as delegable and thereby removing an important avenue of recovery for injured victims.  The published opinion held that a property owner has ultimate responsibility for the safety of their land whether work is performed by their agent, their independent contractor, or on their own, irrespective of regulation compliance.  Blackman Legal Group not only prevailed on appeal, setting a valuable precedent to protect the rights of injured persons to a full financial recovery against a negligent building owner, but collected every penny for their client, including over a million dollars in interest.         

 Jacob Shapiro, Esq. - Redwood City, CA 

(650) 366-5800   js@blackmanlegal.com

THIRD TIME AND A SECOND, MILLION DOLLAR VERDICT

We recently retained Dr. Stephen Carr for the third time. Serious injury had resulted when a resident attempted to use an ancient, 1909 elevator. Carr demonstrated how the key component could and did fail after two defense experts announced that it was impossible for it to happen!

This case settled days before trial for $1,300,000.

Stephen Carr was by far the most expensive elevator expert working on this case. In our post-game analysis with the defense and the clients, I have been raving about how Carr was worth every penny.

Jacob Shapiro, Esq. - Redwood City, CA 

(650) 366-5800   js@blackmanlegal.com

ADVICE FROM A LONG TERM OTIS ATTORNEY

Mr. Marvin Jacobs, or Marv, died recently after a long career in Vertical Transportation Litigation. While these comments were offered in Elevator World for the benefit of defense counsel, they apply equally strongly to Plaintiffs:

"These days it is hard to imagine an elevator or escalator case that can be successfully tried without the support of an expert witness who will educate the jury about the equipment. I guess it's possible to conjure up a situation where the facts are so obvious there is no need for expert testimony. But if the objectives are to steer the technical evidence at the trial, inform and educate the jury and win the case, give me the best expert witnesses in the courtroom."

ELEVATOR EXPERTS ARE RARE