John Deatherage, 51, was on an elevator when it suddenly dropped and came to a violent stop. Deatherage, who had two previous surgeries at L5-S1, suffered a spinal injury that required a fusion surgery at that level. He continues to experience back and spine problems.
He sued Schindler Elevator Corp., alleging that it chose not to maintain and repair the elevator. Deatherage maintained that Schindler had a contract with the casino’s owner, under which it was paid a flat fee for preventative maintenance at the casino but failed to determine why the elevator was malfunctioning so frequently.
Deatherage’s attorneys argued that Schindler’s mechanic never determined the cause of the problem and would not follow up. There was no claim by Deatherage for medical expenses or lost income.