Lawyer in Elevator Death Case: Maybe Academy of Art Family Didn't Own That Building After All

Categories: Law & Order

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The lawyer representing the mother of a man who last year fell to his death in a downtown elevator shaft acknowledged today that he may have sued some of the wrong people.

Attorney Ian Zimmerman yesterday filed suit against Coast Counties Management, Inc. and the Kone Elevator company along with Scott and Elisa Stephens -- the scions of the Academy of Art University Empire. Zimmerman's investigator, J.A. Stevenot, had informed him that 55 New Montgomery was part of a larger parcel of real estate owned by the Stephenses; the family and Academy own dozens of buildings throughout the city and are one of San Francisco's most prolific land-holders. But it turns out this is apparently one building they don't own.

SF Weekly's trip to the Assessor's office -- a magical realm where microfilm is still bountiful and, apparently, Jimmy Carter is still president -- revealed that the city believes the owners of the building, since 1993, have been the Bernheim family and their trust. A spokeswoman for the Academy says neither the school nor the Stephens family has ever owned 55 New Montgomery.

Zimmerman now says he may not have sued the right landowners. 

"We have redoubled our efforts to ascertain the correct legal owner of the subject property," he wrote SF Weekly in an e-mail. "Our investigator's research indicated that it was owned by the Stephens defendants (in various permutations); however this may be inaccurate and if it turns out that they were not the legal owners we will have no hesitation to immediately strike their names from the complaint."

Zimmerman hopes to know who owns that building by the end of the day.

It remains unclear how this apparent mix-up occurred -- but it warrants mentioning that Zimmerman's investigator believed 55 New Montgomery to be within a parcel of land designated 3707-014. When we looked up that address in the Assessor's records, it was recorded as a portion of parcel No. 3707-035.

This is yet another twist in a baffling case in which a vibrant young doctor died in a bizarre manner that makes being struck by lightning look ubiquitous. For our complete file of stories regarding Dr. Dan Kliman, see here.

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