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Rhonda Davis, Gwyndal Moore and Dustin Davis v. TK Elevator Corporation
Date: 10-05-2022
Case Number: 2:21-cv-00926
Judge: Gray M. Borden
Court: United States District Court for the Northern District of Alabama (Calhoun county)
Plaintiff's Attorney:
Defendant's Attorney: Al Foster Teel, John P. Kavanagh, Jr., Madeline E. Hughes, Turner B. Williams
Description:
Anniston, Alabama personal injury lawyer represented Plaintiffs, who sued Defendant on a negligence theories claiming to have suffered more than $75,000 in injuries and/or damages as a direct result of the failure to exercise due care on the part of the Defendant's employees.
On December 17, 2018, Rhonda Davis, Dustin Davis, and Gwyndal Moore arrived at Grandview Medical Center for a doctor's appointment. Doc. 17-1 at 6. In the physician's building, the first elevator on the left opened and they entered it. Doc. 17-1 at 6. Inside the elevator, a placard with the name "ThyssenKrupp Elevatorâ€[1] had been posted above the digital indicator for the floor location. Doc. 23-1 at 3. This placard was affixed to the elevator on December 17, 2018 and remained visible in the elevator as of August 2022. Doc. 23-1 at 3.
When the elevator stopped on the eighth floor, a nurse practitioner and elderly couple joined the plaintiffs in the elevator. Doc. 17-1 at 6. As the elevator began its descent, "suddenly it started to speed up†(Doc. 17-1 at 6) and then dropped three floors. Doc. 17-2 at 2. Rhonda Davis testified that "[i]t was a rough ride and then there was a sudden, violent stop.†Doc. 17-1 at 6. As a result, she alleges that her "teeth were crushed into [her] jawbone†resulting in multiple dental procedures, and "severe pain in [her] back along with a bulging disc in [her] neck.†Doc. 17-1 at 3.
After the plaintiffs were trapped in the elevator for approximately one hour, security personnel assisted them out of the elevator. Doc. 17-1 at 6; Doc. 17-2 at 2. A security company, DSI Security Birmingham, created an incident report summarizing the event. Doc. 17-2 at 2. The report states that "Thysen-Crupp†notified security personnel about the entrapment. Doc. 17-2 at 2.
On December 27, 2018, the plaintiffs' counsel sent a letter to Grandview requesting a copy of the incident report. Doc. 17-3 at 2. A Senior Claims Specialist from Grandview's insurer responded to the letter and stated that the insurer had initiated an investigation into the elevator incident. Doc. 17-4 at 2. The response did not attach the incident report. Doc. 17-4 at 2.
The plaintiffs filed a complaint in the Circuit Court of Jefferson County, Alabama against Grandview on November 10, 2020. Doc. 17-5 at 2-5. They also named fictitious defendants, including entities "who may be legally responsible for the claim(s) set forth herein.†Doc. 17-5 at 2. The complaint alleged that the plaintiffs suffered injuries because Grandview "negligently, recklessly, willfully and wantonly maintained the elevators on the premises of Grandview Medical Center.†Doc. 17-5 at 3. Along with the complaint, the plaintiffs served discovery requests on Grandview relating to the elevator's manufacturer (Doc. 17-6), but they did not receive responses to these requests. See Doc. 21 at 3.
The plaintiffs filed a "first amendment to complaint†substituting Affinity Hospital, LLC d/b/a Grandview Medical Center for Grandview Medical Center on April 8, 2021. Doc. 17-7. Affinity Hospital moved to dismiss the complaint based on the statute of limitations and the plaintiffs' failure to serve it within 120 days of filing the original complaint. Doc. 1-1 at 148-52; Doc. 1-2 at 2-5.
On May 21, 2021, the plaintiffs filed a motion for leave to substitute TK Elevator for Fictitious Party A and attached the proposed amendment. Doc. 1-2 at 22-27. Affinity Hospital filed a supplemental motion to dismiss the second amended complaint because it made no claims against Affinity Hospital. Doc. 1-2 at 73-75.
The circuit court held a virtual hearing on May 27, 2021. Doc. 1-2 at 78. During the hearing, the plaintiffs consented to the dismissal of all claims against Affinity Hospital, which the court later accomplished by written order. Doc. 1-2 at 78. The court also granted leave for the plaintiffs to file another amended complaint. Doc. 1-2 at 78.
The plaintiffs filed their second amended complaint on June 1, 2021 substituting TK Elevator for Fictitious Party A. Doc. 17-8 at 2-5. The second amended complaint alleges negligence and wantonness under Alabama law against TK Elevator. Doc. 17-8 at 2-5. The plaintiffs served TK Elevator on June 8, 2021 (Doc. 17-8 at 6), and TK Elevator removed the case to this court based on diversity jurisdiction. Doc. 1.
On December 17, 2018, Rhonda Davis, Dustin Davis, and Gwyndal Moore arrived at Grandview Medical Center for a doctor's appointment. Doc. 17-1 at 6. In the physician's building, the first elevator on the left opened and they entered it. Doc. 17-1 at 6. Inside the elevator, a placard with the name "ThyssenKrupp Elevatorâ€[1] had been posted above the digital indicator for the floor location. Doc. 23-1 at 3. This placard was affixed to the elevator on December 17, 2018 and remained visible in the elevator as of August 2022. Doc. 23-1 at 3.
When the elevator stopped on the eighth floor, a nurse practitioner and elderly couple joined the plaintiffs in the elevator. Doc. 17-1 at 6. As the elevator began its descent, "suddenly it started to speed up†(Doc. 17-1 at 6) and then dropped three floors. Doc. 17-2 at 2. Rhonda Davis testified that "[i]t was a rough ride and then there was a sudden, violent stop.†Doc. 17-1 at 6. As a result, she alleges that her "teeth were crushed into [her] jawbone†resulting in multiple dental procedures, and "severe pain in [her] back along with a bulging disc in [her] neck.†Doc. 17-1 at 3.
After the plaintiffs were trapped in the elevator for approximately one hour, security personnel assisted them out of the elevator. Doc. 17-1 at 6; Doc. 17-2 at 2. A security company, DSI Security Birmingham, created an incident report summarizing the event. Doc. 17-2 at 2. The report states that "Thysen-Crupp†notified security personnel about the entrapment. Doc. 17-2 at 2.
On December 27, 2018, the plaintiffs' counsel sent a letter to Grandview requesting a copy of the incident report. Doc. 17-3 at 2. A Senior Claims Specialist from Grandview's insurer responded to the letter and stated that the insurer had initiated an investigation into the elevator incident. Doc. 17-4 at 2. The response did not attach the incident report. Doc. 17-4 at 2.
The plaintiffs filed a complaint in the Circuit Court of Jefferson County, Alabama against Grandview on November 10, 2020. Doc. 17-5 at 2-5. They also named fictitious defendants, including entities "who may be legally responsible for the claim(s) set forth herein.†Doc. 17-5 at 2. The complaint alleged that the plaintiffs suffered injuries because Grandview "negligently, recklessly, willfully and wantonly maintained the elevators on the premises of Grandview Medical Center.†Doc. 17-5 at 3. Along with the complaint, the plaintiffs served discovery requests on Grandview relating to the elevator's manufacturer (Doc. 17-6), but they did not receive responses to these requests. See Doc. 21 at 3.
The plaintiffs filed a "first amendment to complaint†substituting Affinity Hospital, LLC d/b/a Grandview Medical Center for Grandview Medical Center on April 8, 2021. Doc. 17-7. Affinity Hospital moved to dismiss the complaint based on the statute of limitations and the plaintiffs' failure to serve it within 120 days of filing the original complaint. Doc. 1-1 at 148-52; Doc. 1-2 at 2-5.
On May 21, 2021, the plaintiffs filed a motion for leave to substitute TK Elevator for Fictitious Party A and attached the proposed amendment. Doc. 1-2 at 22-27. Affinity Hospital filed a supplemental motion to dismiss the second amended complaint because it made no claims against Affinity Hospital. Doc. 1-2 at 73-75.
The circuit court held a virtual hearing on May 27, 2021. Doc. 1-2 at 78. During the hearing, the plaintiffs consented to the dismissal of all claims against Affinity Hospital, which the court later accomplished by written order. Doc. 1-2 at 78. The court also granted leave for the plaintiffs to file another amended complaint. Doc. 1-2 at 78.
The plaintiffs filed their second amended complaint on June 1, 2021 substituting TK Elevator for Fictitious Party A. Doc. 17-8 at 2-5. The second amended complaint alleges negligence and wantonness under Alabama law against TK Elevator. Doc. 17-8 at 2-5. The plaintiffs served TK Elevator on June 8, 2021 (Doc. 17-8 at 6), and TK Elevator removed the case to this court based on diversity jurisdiction. Doc. 1.
Outcome:
Motion for summary judgment granted.
Plaintiff's Experts:
Defendant's Experts:
Comments:
About This Case
What was the outcome of Rhonda Davis, Gwyndal Moore and Dustin Davis v. TK Elevat...?
The outcome was: Motion for summary judgment granted.
Which court heard Rhonda Davis, Gwyndal Moore and Dustin Davis v. TK Elevat...?
This case was heard in United States District Court for the Northern District of Alabama (Calhoun county), AL. The presiding judge was Gray M. Borden.
Who were the attorneys in Rhonda Davis, Gwyndal Moore and Dustin Davis v. TK Elevat...?
Plaintiff's attorney: Click Here to Watch How To Find A Lawyer by Kent Morlan Click Here For The Best Anniston Personal Injury Lawyer Directory If no lawyer is listed, call 918-582-6422 and MoreLaw will help you find a lawyer.. Defendant's attorney: Al Foster Teel, John P. Kavanagh, Jr., Madeline E. Hughes, Turner B. Williams.
When was Rhonda Davis, Gwyndal Moore and Dustin Davis v. TK Elevat... decided?
This case was decided on October 5, 2022.