A Fort Lee man on Sept 2 agreed to a $1.52 million settlement of his claim that injuries suffered in an elevator accident led to amputation of his lower leg. Stephen Roth was a principal in Fabric Warehouse 1 Inc, which rented space in Linden from Trademark Plastics Inc. A lift-type device was used to move fabrics between floors, and though a sign said "No Riders," Roth and building owner Melvyn Schaffer routinely rode the lift, and on Sept 30, 2002 the cable snapped and the lift fell while Roth was standing on it.
Roth suffered compound fractures in his ankles and lower legs, requiring surgeries, and though he began to walk on crutches, a wound became infected, requiring a below-the-knee amputation of his right leg in June 2003. Roth, now 65 and retired, sued Trademark Plastics and Schaffer in Bergen County, contending they should have provided a back-up cable, braking device or other safety features or prevented people from riding the lift. Roth also sued Fabric Warehouse, which had maintained the lift.
The parties settled during voluntary private mediation before retired Judge Mark Epstein. Trademark Plastics' carrier Kemper Insurance will pay $1.075 million, Fabric Warehouse's carrier St. Paul Travelers' Insurance $450,000.
- Mary P Gallagher, New Jersey Law Journal
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