Update on doctor killed in Elevator in Houston

[Guest guest]

The lawsuit didn't take long. What a rotten way to go.

D Freeman Mailing address: 1230 Liberty Street NESalem, Oregon 97303ph 503 586-0127cell 503 871-0715

Aug. 29, 2003, 11:34AMFamily files lawsuit in death of surgeon killed by elevatorBy ALLAN TURNERCopyright 2003 Houston ChronicleThe family of a Christus St. ph Hospital doctor fatally crushed by a malfunctioning hospital elevator has filed a wrongful death lawsuit against the elevator's maker and the company hired to maintain it, charging that maintenance workers failed to reactivate its safety devices after making repairs. The lawsuit, filed late Thursday by Houston lawyer Nations on behalf of Dr. Hitoshi Nikaidoh's parents, seeks unspecified damages and exemplary damages from New Jersey-based Otis Elevator Co. and Kone, Inc., a maintenance company with headquarters in Delaware. Nikaidoh, 35, died about 10 a.m. Aug. 16 when he was trapped between the doors of Elevator 14 in the hospital's Strake Building, then crushed as the elevator car rose. An autopsy report released Thursday showed Nikaidoh, a Dallas surgical resident who recently had graduated from the University of Texas Medical School at Houston, suffered a broken ribs, spinal injuries and massive head injuries in the accident. It also revealed that he had a blood-alcohol level exceeding the point of legal intoxication under Texas law. Nations challenged that finding today, saying he had spoken with five people, including a priest, who encountered Nikaidoh the morning of the accident. None noticed signs of intoxication, he said. "They were astounded," Nations said. "They said that can't possibly be." Nations said he will seek a court order authorizing independent testing of Nikaidohs' tissue and blood. Drinking before reporting to duty would have been "totally out of character" for the doctor, Nations said, noting Nikaidoh had reported to work a double shift at 7 a.m. after having concluded his previous shift at midnight. Nations said a toxicologist told him that ethanol, or drinkable grain alcohol, is "all around" doctors in a hospital setting, adding that he plans to consult experts about possible explanations -- other than imbibing -- for the victim's blood-alcohol level. In the lawsuit, Nations accuses Otis of selling a "defectively designed" elevator that had not been adequately tested nor equipped with adequate warnings. Kone, the lawsuit alleges, failed to reactivate the elevator's safety devices after doing repair work. Nations said he has received reports that a hand-written "out of order" sign had been placed on the elevator the night before the accident. "We believe maintenance came to repair the elevator and did so, but didn't fix it right," he said. "That's our hypothesis." The wrongful death lawsuit came as investigators, led by the federal Occupational Health and Safety Administration, continued their probe into the accident. Hospital administrators this week reversed an earlier decision that barred a representative of the victim's family from monitoring the investigation.

[Guest guest]

Indeed, but the family hired one of the best lawyers in the country. Check out 's persuasion materials at http://www.howardnations.com/

Chris

T. Hill, PC1020 SW Street, Suite 300Portland, OR 97205(503) 227-4330Fax (503) 227-3230chill@...www.cthlaw.com

Update on doctor killed in Elevator in Houston

The lawsuit didn't take long. What a rotten way to go.

D Freeman Mailing address: 1230 Liberty Street NESalem, Oregon 97303ph 503 586-0127cell 503 871-0715

Aug. 29, 2003, 11:34AMFamily files lawsuit in death of surgeon killed by elevatorBy ALLAN TURNERCopyright 2003 Houston ChronicleThe family of a Christus St. ph Hospital doctor fatally crushed by a malfunctioning hospital elevator has filed a wrongful death lawsuit against the elevator's maker and the company hired to maintain it, charging that maintenance workers failed to reactivate its safety devices after making repairs. The lawsuit, filed late Thursday by Houston lawyer Nations on behalf of Dr. Hitoshi Nikaidoh's parents, seeks unspecified damages and exemplary damages from New Jersey-based Otis Elevator Co. and Kone, Inc., a maintenance company with headquarters in Delaware. Nikaidoh, 35, died about 10 a.m. Aug. 16 when he was trapped between the doors of Elevator 14 in the hospital's Strake Building, then crushed as the elevator car rose. An autopsy report released Thursday showed Nikaidoh, a Dallas surgical resident who recently had graduated from the University of Texas Medical School at Houston, suffered a broken ribs, spinal injuries and massive head injuries in the accident. It also revealed that he had a blood-alcohol level exceeding the point of legal intoxication under Texas law. Nations challenged that finding today, saying he had spoken with five people, including a priest, who encountered Nikaidoh the morning of the accident. None noticed signs of intoxication, he said. "They were astounded," Nations said. "They said that can't possibly be." Nations said he will seek a court order authorizing independent testing of Nikaidohs' tissue and blood. Drinking before reporting to duty would have been "totally out of character" for the doctor, Nations said, noting Nikaidoh had reported to work a double shift at 7 a.m. after having concluded his previous shift at midnight. Nations said a toxicologist told him that ethanol, or drinkable grain alcohol, is "all around" doctors in a hospital setting, adding that he plans to consult experts about possible explanations -- other than imbibing -- for the victim's blood-alcohol level. In the lawsuit, Nations accuses Otis of selling a "defectively designed" elevator that had not been adequately tested nor equipped with adequate warnings. Kone, the lawsuit alleges, failed to reactivate the elevator's safety devices after doing repair work. Nations said he has received reports that a hand-written "out of order" sign had been placed on the elevator the night before the accident. "We believe maintenance came to repair the elevator and did so, but didn't fix it right," he said. "That's our hypothesis." The wrongful death lawsuit came as investigators, led by the federal Occupational Health and Safety Administration, continued their probe into the accident. Hospital administrators this week reversed an earlier decision that barred a representative of the victim's family from monitoring the investigation. OregonDCs rules:1. Keep correspondence professional; the purpose of the listserve is to foster communication and collegiality. No personal attacks on listserve members will be tolerated.2. Always sign your e-mails with your first and last name.3. The listserve is not secure; your e-mail could end up anywhere. However, it is against the rules of the listserve to copy, print, forward, or otherwise distribute correspondence written by another member without his or her consent, unless all personal identifiers have been removed.