The Steel Kiss (Lincoln Rhyme 12)

WRONGFUL DEATH/PAIN AND SUFFERING CIVIL LAWSUIT

- Location of incident: Heights View Mall, Brooklyn.

- Victim: Greg Frommer, 44, clerk with Pretty Lady Shoes in mall.

- Store clerk, left Patterson Systems as Director of Marketing. Will attempt to show he would have returned to a similar or other higher-income job.

- COD: Loss of blood, internal organ trauma.

- Cause of action:

- Wrongful death/personal injury tort suit.

- Strict products liability.

- Negligence.

- Breach of implied warranty.

- Damages: compensatory, pain and suffering, possibly punitive. To be determined.

- Possible defendants:

- Midwest Conveyance, Inc. (manufacturer of escalator).

- Owner of property mall is located on (to be identified).

- Developer of mall (to be identified).

- Service maintaining escalator if other than manufacturer (to be identified).

- General and subcontractors installing escalator (to be identified).

- Cleaning crew?

- Additional defendants?

- Facts relevant to accident:

- Access panel opened spontaneously, victim fell into gears. Opened about 16 inches.

- Door weighed 42 pounds, sharp teeth on front contributed to death/injury.

- Door secured by latch. On springs. It popped open for unknown reason.

- Switch behind locked panel. On video no one appeared to push switch.

- Reasons for failure?

- switch or servo motor activated spontaneously. Why?

- Shorted out? Other electrical problem?

- Latch failed.

- Metal fatigue--possible, not likely.

- Didn't seat properly.