Wife of man killed by elevator won’t get state money

The wife of a man crushed to death by an elevator in a closed hotel near Ohio State University’s campus won’t receive state compensation after Ohio’s Court of Claims denied her negligence claim.
Associated Press
Dec 17, 2013

Authorities said James Higgins, 53, of London, was pinned by a moving elevator in the elevator shaft in April 2009. Nadia Higgins originally sued her husband’s employer, Oracle Elevator Co., and Campus Partners for Community Urban Redevelopment claiming negligence. The state was later named as a third defendant.

The university said Higgins and another worker were working on the elevators in preparation for the hotel’s conversion to a dormitory.

The court ruling last week found no evidence Higgins was required or directed to enter the elevator pit.

Comments

Unassumer

It was his job but no one actually made him go into the pit? Get real and help this woman out. Appeal!

2cents

Life insurance? That is an expense people plan for if they are thinking about their family. Oh yes, we do not need it anymore because everything in the world today is someone else's fault, maybe there were partials of asbestos floating in the shaft, that will get you some $$$.

Peninsula Pundit

I'm sure that the obvious lack of Lock-Out/Tag-Out safeguards played into this result as well. I can't imagine going into that area without making sure the elevator wouldn't move and some mechanical means to insure that even if it did, it wouldn't crush me. The company may not be obligated to pay the widow, but you can bet your bottom dollar the company will pay OSHA in fines.

White Owl

I don't think the widow is precluded from suing her husband's employer and the Development Company for negligence. The Ohio Court of Claims only has jurisdiction to determine claims against the State of Ohio. Thus her claims against the private entities ought to be valid.

The Ohio Court of Claims consists of retired judges (double dippers) appointed by the Supreme Court of Ohio to decide lawsuits against the State of Ohio only. IMO, the reporter could have done a much better job of reporting the facts.

JudgeMeNot

You just got the condensed version of the news.

The claims against Oracle Elevator and Campus Partners now can be pursued again in the Common Pleas Court case.