Lawsuit: Midtown Center Associates failed to maintain elevators

CHARLESTON – A man is suing Midtown Center Associates, LP, for allegedly failing and refusing to repair broken elevators in one of its buildings.

405 Capitol Street Associates, Dolores R. Gill and Matrix Holdings were also named as defendants in the suit.

Larry Swann is a polio survivor who walks with the aid of arm crutches or who is otherwise required to use a wheelchair, according to a complaint filed Dec. 7 in Kanawha Circuit Court.

Swann claims he has been a tenant of the defendants’ premises on the fifth floor since 1991.

The defendants have deliberately and willfully allowed the four elevators within the building to fall into disrepair, according to the suit.

Swann claims on Nov. 12, the sole remaining and intermittently operable elevator broke down and remained out of service for eight days and again on Dec. 2, the elevator broke down and is still inoperable.

In order to conduct his government relations consulting and lobbying business in a proper, professional and successful manner, Swann is required to have continuous access to and usage of his offices located on the fifth floor, but his only reasonable and practical means by which he is allowed to come and go from the fifth floor office is by use of a properly functioning elevator, according to the suit.

Swann claims during these extended periods when no elevators are functioning, he has been totally prevented from accessing or using his leased offices to conduct his business.

On Dec. 3, Swann had a letter hand-delivered to Gill demanding that the defendants properly restore the usage of at least two of the elevators so that he could have the benefit of continuous access to his offices and be free of the constant apprehension that a lone remaining elevator will break down again, according to the suit.

Swann claims on Dec. 4, counsel for Midtown communicated to his counsel that two elevators would be operable by Dec. 7, but the defendants have failed to do so.

As a result of the defendants’ operation of their building without elevator access, Swann has suffered and continues to suffer irreparable harm, according to the suit.

Swann is seeking compensatory and punitive damages with pre- and post-judgment interest. He is being represented by Jeffrey M. Wakefield, Kurt E. Entsminger and Amanda J. Gardner.

The case has been assigned to Circuit Judge Louis H. Bloom.

Kanawha Circuit Court case number: 12-C-2416