Lawyers: Elevator maker unhelpful in corrections officer death suit
February 3rd, 2018
| Joseph A. Quinn, Jr., Michael A. Lombardo, III, Nicole M. Santo
Attorney Joseph A Quinn, Jr.
Attorney Michael Lombardo
Attorney Nicole Santo
As published in the Times Leader, Wilkes-Barre, PA, Feb. 2, 2018
WILKES-BARRE — A court filing this week by the estate of a Luzerne County corrections officer killed in a prison-elevator accident suggests manufacturer Schindler Elevator Corp. is being unhelpful in the discovery process.
The original lawsuit was filed last February after the death of Kristopher Moules, 25, of Larksville.
Moules fell 59 feet down an elevator shaft from the fifth floor at the Luzerne County Correctional Facility in July 2016, authorities say. Inmate Timothy Darnell Gilliam Jr., 27, fell backward and hit the elevator door, pulling Moules down the shaft with him. Both men were killed after landing on the top of the elevator car.
The brief was filed by attorneys for Moules’ estate: Joseph A. Quinn Jr., Michael A. Lombardo III and Nicole M. Santo, all from the law firm Hourigan, Kluger and Quinn, of Kingston.
The attorneys describe Schindler as “unnecessarily frustrating the discovery process,” specifically with regards to a series of mobile phone applications called “Field Link” developed by the company.
The apps reportedly contain technical and safety information that employees could access that concerned the elevator. The lawyers say repeated requests for information about the apps have not been met.
Lawyers in the brief also say the defense for Schindler has claimed the plaintiffs have not asked for information regarding the apps, but they say this claim is “patently false.”
The lawyers representing the Moules estate filed another brief last December, asking for sanctions to be placed on Schindler’s defense to pay to have key witnesses deposed for a second time. This came after Schindler provided the plaintiffs with what the brief called a “document dump” of 569 pages of key information — after three witnesses had already been deposed.
“This is cause for great consternation,” Moules’ attorneys said of the document dump.
So far, Schindler has not filed any response to either brief.
When the lawsuit was filed early last year, it also named other companies linked to the elevator’s installation, maintenance or inspection.
About Hourigan, Kluger & Quinn, PC
Hourigan, Kluger & Quinn is considered one of the top civil litigation and commercial law firms in Northeastern Pennsylvania. The firm’s Personal Injury Team has won some of the largest verdicts and settlements in the region's history and was recently recognized for one of the top 20 Verdicts in Pennsylvania.
The Personal Injury Team, led by Attorney Joseph A. Quinn, Jr. focuses on a wide array of personal injury claims and civil litigation, including medical malpractice, auto and truck accidents, aviation accidents, unsafe vehicles, dangerous or defective products, workplace injuries (worker's compensation), construction site accidents, claim denials by insurance companies, dangerous drugs, defective children's products, nursing home abuse and neglect, and falls due to unsafe conditions (slip and fall).
Attorney Joseph A. Quinn, Jr. is one of only 100 attorneys in the United States (and one of only three in Pennsylvania)
honored with membership in the Inner Circle of Trial Advocates, and one of only 500 attorneys worldwide chosen to be a Fellow of the International Academy of Trial Lawyers. He has been a Pennsylvania Super Lawyer every year since the program began and has been listed in The Best Lawyers in America every year since the publication was established in 1987. Best Lawyers also named him top personal injury attorney for Northeastern Pennsylvania and the Lehigh Valley. In addition, Best Lawyers, in conjunction with U.S. News & World Report, has designated HKQ a Tier 1 Best Law Firm for personal injury and medical malpractice litigation in Northeastern Pennsylvania and the Lehigh Valley.
Since the inception of the firm, the Commercial / Corporate Team led by Attorney Allan Kluger has provided comprehensive, integrated legal services to many of Northeastern and Eastern Pennsylvania's largest corporations, businesses, banks, non-profits and institutions, handling matters involving labor and employment, wills, trusts and estate planning, estate administration, elder law, commercial transactions, residential and commercial real estate, zoning, land use and development, telecommunications, mediations and arbitrations, commercial litigation, title insurance, business planning and business succession, corporate/business structuring, employment discrimination law for employers, banking, creditor’s rights, finance, lender liability defense, covenants not to compete, construction law, mergers and acquisitions and other business matters.
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