Breaking: $30M Lawsuit Imminent in S.F. Elevator Death Case

This is a very fair synopsis of what I told Mr. Eskenazi and I thank him for not sensationalizing the story.

Regrettably, there are still too many unanswered questions in my mind - even after reading the police report and medical examiner's report- to conclude definitely that no foul play occurred here.

The medical examiner's report specifically enunciated and articulated in own uncertainties about exactly how this death occurred so this should not be news. What is surprising is an attitude of certitude - on anyone's part-given the sheer number of unanswered questions and suspicious circumstances that remain.

I for one, hope that the police got it absolutely right and there turns out to be no question of foul play. I would much rather report to my client that her son died as a result of a tragic accident than at the hands of some monster. Every parent should understand that brutal truth.

My uncertainties are not conspiratorial in nature; rather they are fact-based (or rather based on what I see as a current shortage of unequivocal facts). Hopefully with enough digging and after enough subpoenas and depositions we will get a fuller picture.

For example, what does the visitor's log reveal for that day’s visitors? Did anyone come into the building that long weekend? Who was there in the preceding hours before he entered the building? What, if anything, did the guard(s) see?

What do the repair tickets for the last 2 years by the elevator servicing contract reveal? They have a self interest in documenting what is broken and needs to be fixed and to justify their invoices. What exactly was broken in the elevator and how could that lead to this death? What exactly is the mechanical connection between some defect and how he died?

Was the call-out phone/ button working or was that broken too? Was any such emergency internal elevator call answered? By whom? Who monitors them?

Did Dan's cell phone work? Did he attempt to use it? Who did he call?

How much time elapsed before Dan 'decided' to pry his way out? Did Dan spend a night in the elevator? Or hours?

What day did he die? Could he have been trapped inside for more than 24 hours?
Did he bang on the doors? Were there any dents noted or photographed?

Did Dan use any tool (he apparently had a bicycle bag with him and some common tools inside it) if so, why did he allegedly use a 'pen' to pry open the doors and not a harder tool like a screwdriver? Did he have a screwdriver? Was there physical evidence of any scratches or indentations where Dan allegedly tried to pry open the doors? Have the doors been changed since the accident? Have any of the locking mechanisms been tested? Have any of them been replaced? Did any of them fail?

Just how did he allegedly pry open the doors? How much pressure force was required to do so? Contrary to popular belief I am advised by elevator experts that it is very hard to break out of an elevator unless the elevator is very old and worn. It’s not like in the movies.

What did the building manager do once he learned that the elevator was acting up? Had this elevator ever been taken out of service before? Did he ride the same elevator up and take the same one down? How long was he inside the building? Who else was present that night? Who from the Arabic language school was interviewed? Have those interviews been recorded? What did they say?

Finally multiple pictures were taken. I haven’t seen them yet either. What do they reveal?

As far as I can tell none of these questions have yet to be definitely addressed/answered. Again I hope I am wrong. Some of these questions may be addressed in the OSHA report which I have yet to receive but I don't think anyone in the police department reviewed the OSHA report either which creates additional questions in my mind, viz. without a completed OSHA report how did the police or anyone for that matter conclude that absolutely no foul play took place? What were they basing their opinions on? Were their own investigations (sans the OSHA report) sufficient? Has anyone (other than OSHA) seen or read the OSHA report? Am I the first to request it? (As far as I can tell I am).

This is why I maintain that I am currently not ruling out any possibility at this stage no matter how remote or far- fetched. I think there is still too much work to be done and then- and only then- can one intelligently and credibly begin to opine on the cause of this terrible tragedy.
Ian Zimmerman, Esq.
San Francisco, Ca

why such a lengthy follow up in the comments, counselor? do you lack an internal editor or just prone to self serving commentary.

The Academy of Art University does not own, lease, nor is involved with the Sharon building where this tragic accident occurred last year at 55 New Montgomery.

The following message was just sent out to AAU students in an HTML email from the college:

Dear AAU Community,

We wish to immediately clarify a serious error that was published this morning in sfweekly.com concerning a tragic accident that occurred last year. The Academy of Art University and the Stephens family do not own, lease, or have any involvement whatsoever, with the building in which the accident occurred, 55 New Montgomery, also known as the Sharon building.

Our students and staff can be reassured that we have life safety issues in the forefront of our efforts at all times.

Please read our public statement on the AAU newsfeed: (live link) http://tinyurl.com/ydp8wdw

Thank you,

Dr. Elisa Stephens
President