IX/44-23    ELEVATOR ACCIDENT   MISLEVELING   FRACTURED FEMUR AND AGGRAVATION OF PREEXISTING OSTEOARTHRITIS

     SETTLEMENT:  Clothilde Turner v. Otis Elevator, Inc. and Helmsley- Spear Management Co., Inc.  12895/90  Date of Settlement 3/26/92  Queens Supreme

     Pltf. Atty:  Todd D. Greenberg of Addabbo & Greenberg, Forest Hills

     This action settled for $400,000.  The accident occurred on 11/9/88 at the State Insurance Fund building at 199 Church St. in Manhattan.  Pltf ., a 69-year-old clerk employed by the State Insurance Fund, claimed that she tripped and fell as she entered a misleveled elevator in the building.  Eyewitness testimony indicated that there was a 1-2-inch discrepancy between the elevator and the floor.  Deft. Helmsley-Spear owned the building and Deft. Otis had a maintenance contract.  Pltf. contended that Defts. had prior notice of the misfunctioning elevator.  She also contended that Otis failed to provide routine maintenance.  Injuries: fracture of the left femur requiring open reduction and internal fixation.  Two months later, Pltf. underwent the surgical removal of the implant, which had loosened.  She also underwent arthroscopic surgery in the left knee.  Pltf. had preexisting osteoarthritis in that knee, and her expert contended that the accident put additional stress on the knee.  Pltf. Experts: Dr. Ronald Krinick, orth. surg., Seaport Orthopedic Assoc., P.C.; Edward Voll, elevator expert, Vertical Systems Analysis, Manhattan.  Settlement apportionment: Otis paid $300,000 and Helmsley-Spear paid $100, 000.  The State Insurance Fund settled for $100,000 for medical benefits and lost wages through Workers' Compensation.