21 Feb 2018
- By Bryan Manabat – [email protected] – Variety News Staff
An Imperial Pacific International employee is suing Bank of Guam for $75,000 in damages after suffering a severe burn while using the building’s elevator.
Randyl W. Kruid through his attorneys Bruce Berline and Benjamin Petersburg filed the complaint alleging negligence on the part of BOG in the U.S. District Court for the NMI on Tuesday.
Kruid demands a jury trial.
According to the complaint, BOG leased office space to IPI whose offices were located on the 4th floor of BOG building. Kruid as an employee of IPI accessed the 4th floor offices either by elevator or by stairs.
On November 22, 2017, Kruid arrived at the BOG building to work early in the morning and took the stairs up to fourth floor as usual.
After arriving at the office, Kruid realized that he had to return to his vehicle to retrieve his computer.
With a hot cup of coffee in his hand, he walked down the stairs to the parking lot where his vehicle was parked and retrieved his laptop.
On the way back Kruid took the elevator to the fourth floor to return to his office.
Kruid, in the complaint, alleged that after entering the elevator and pushing the button to the fourth floor, the elevator began violently shaking and shuddering.
The plaintiff alleged that the elevator’s shaking and shuddering began suddenly without warning.
“The sudden shaking and shuddering was so violent that the hot coffee Kruid was holding spilled, severely burning the back of his left hand and causing him to suffer, and continue to suffer, tremendous mental pain and anguish,” stated the complaint.
Berline and Petersburg said Kruid’s injury required medical attention.
The lawyers said BOG, its agents, officers and/or employees are responsible for the care and maintenance of the BOG building including the inspection, care, repair, operation and maintenance of the elevator.
The lawyers said BOG has a duty to keep the elevator in reasonably safe condition so that people can safely use it, and to warn the public when the elevator is not in reasonably safe condition or is dangerous to use.
Moreover, according to the lawyers, the elevator was within the exclusive control of BOG and the events leading up to and causing Kruid’s injuries are such that in the ordinary course of things would have not occurred if BOG had used proper care.
The lawyers said the doctrine of ‘Res Ipsa Loquitur’ or negligence is applicable in the case.
Because of BOG’s negligence, gross negligence, intentional acts and or reckless and callous conduct Kruid suffered a severe burn while using the elevator added the lawyers.
“The injury caused by the faulty elevator caused and continues to cause Kruid to suffer tremendous mental pain and anguish, as well as suffering a severe shock to his entire system.”
The lawsuit states that because of the injury Kruid is prevented from participating in and enjoying the normal pleasures of life to which he was formerly accustomed.
Berline and Petersburg asked the court for general damages, special damages, and punitive damages in an amount to be proven at trial.
Source: Marianas Variety : http://www.mvariety.com/cnmi/cnmi-news/local/102395-casino-employee-sues-bank-of-guam-for-severe-burn-from-shaking-elevator