Smith Elliott Smith & Garmey
Verdicts & Settlements
Smith Elliott Helps Family Obtain Mandatory “Recall” For Defective Elevator That Killed Their Young Son – Thousands of Elevators Fixed
The family of 8 year old Tucker Smith came to Smith Elliott lawyers to do what other attorneys would not – take a case against Otis Elevator and refuse to settle unless the Company agreed to publicize and fix the danger that had taken the life of their son. It remains today one of the firm’s proudest accomplishments.
Jeffrey and Mary Smith were vacationing at the Bethel Inn and Country Club in Bethel, Maine with their 10 year old daughter Mara and their 8 year old twins Tucker and Ellie. The two-story Inn contained an elevator installed by its manufacturer, Otis Elevator, which featured an outer door and an inner folding gate. Between the outer door and inner gate, there was a gap of about 7 and a half inches, which, unknown to the Smiths, enabled children to become trapped and killed when the elevator was called. On the last morning of the family’s stay at Bethel Inn, Tucker got into the elevator and became trapped between the door and the gate at the same moment that a hotel maid was calling the elevator from the second floor. Tucker’s body was crushed, and the horrific scene witnessed by his family. Because they never wanted this life altering tragedy to affect another family, they searched for a lawyer to demand the fix of all similar elevators.
When Terry Garmey became engaged, he discovered that documents existed showing prior similar injuries and deaths, and he aggressively worked to locate the documents and to obtain Otis’ agreement to lifting confidentiality orders that kept them secret. The documents showed that, in one eight-year period, 38 other children had been seriously injured or killed in the gated elevators much like Tucker. Garmey then worked to settle the Smith’s case with Otis on the very terms that they had requested. Otis agreed upon a settlement which included a mandatory fix of thousands of Otis elevators in the United States, and a public notification of the hazard and remedy. The Smiths also received substantial money damages for the loss of their young son, and the resulting trauma to their family.
Terry Garmey is a member of Smith Elliott’s product liability practice group. He also practices in other areas of personal injury, including medical malpractice.