CHARLESTON -- A Scott Depot couple is suing Abell Elevator Service Company after an elevator malfunctioned and caused injuries.

Charleston Area Medical Center was also named as a defendant in the suit.

On Aug. 25, 2010, Beverly A. Gandee was an invitee at Charleston Area Medical Center's Memorial Division Hospital when the elevator she was in "suddenly 'shot' up from the third floor and came to a violent, abrupt stop, only to then subsequently fall down the elevator shaft to the first floor, again coming to a violent and abrupt stop," according to a complaint filed Dec. 16 in Kanawha Circuit Court.

Gandee claims CAMC had no sign or warnings to advise her or others of the dangerous and hazardous condition of the elevator within its business premises.

The defendant was negligent by failing to ensure that the elevators within the hospital were functioning properly and free of dangers and hazards to elevator occupants; by failing to warn invitees of the elevator's issues; and by failing to identify and repair hazards and unsafe conditions in the elevators, according to the suit.

Gandee and her husband, Michael E. Gandee, are seeking compensatory damages with pre- and post-judgment interest. They are being represented by Troy N. Giatras.

The case has been assigned to Circuit Judge Tod J. Kaufman.

Kanawha Circuit Court case number: 11-C-2253




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