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ELEVATOR MALFUNCTION WAS NOT THE PROXIMATE CAUSE OF PLAINTIFF’S DECEDENT’S DEATH, PLAINTIFF’S DECEDENT HAD SUFFERED CARDIAC ARREST BEFORE SHE WAS TRANSFERRED TO THE ELEVATOR, HOUSING AUTHORITY’S MOTION FOR SUMMARY JUDGMENT SHOULD HAVE BEEN GRANTED (FIRST DEPT).

The First Department determined the New York City Housing Authority’s (NYCHA’s) motion for summary judgment in this negligent elevator-maintenance case should have been granted. Plaintiff’s decedent had an asthma attack and suffered cardiac arrest in her apartment. When moving plaintiff’s decedent to an ambulance, the building elevator malfunctioned and stopped for at least several minutes. The NYCHA did not demonstrate that the elevator was in good working order or that the NYCHA had no notice the elevator malfunctioned. However, the NYCHA was able to demonstrate the elevator malfunction was not the proximate cause of plaintiff’s decedent’s death. The evidence supported the conclusion death occurred in the apartment:

… NYCHA presented unrefuted evidence demonstrating that the decedent’s cardiac rhythm was asystole, a dire form of cardiac arrest in which the heart stops beating and there is no electrical activity in the heart, and that she showed no signs of life in the hour between the arrival of emergency personnel and her transfer into the elevator, despite the emergency responders’ continuous resuscitative efforts. Furthermore, NYCHA’s medical expert stated that “[t]he prolonged and unsuccessful resuscitative course in an asystolic patient is associated with an extremely poor outcome” and that “the decedent’s obesity made resuscitative efforts more difficult and further reduced [her] likelihood of survival.” Thus, he opined, “within a reasonable degree of medical certainty[,]. .. the outcome for the decedent would [not] have changed had the transport time within the elevator been shorter.”

By these facts and its expert’s opinion, NYCHA demonstrated its prima facie entitlement to judgment as a matter of law by showing that the stoppage of its elevator, and resulting delay of the decedent’s arrival at the hospital, were not a proximate cause of the decedent’s death. Lebron v New York City Hous. Auth., 2018 NY Slip Op 01116, First Dept 2-15-18

NEGLIGENCE (ELEVATOR MAINTENANCE, LANDLORD-TENANT, ELEVATOR MALFUNCTION WAS NOT THE PROXIMATE CAUSE OF PLAINTIFF’S DECEDENT’S DEATH, PLAINTIFF’S DECEDENT HAD SUFFERED CARDIAC ARREST BEFORE SHE WAS TRANSFERRED TO THE ELEVATOR, HOUSING AUTHORITY’S MOTION FOR SUMMARY JUDGMENT SHOULD HAVE BEEN GRANTED (FIRST DEPT))/ELEVATORS (NEGLIGENCE, LANDLORD-TENANT, ELEVATOR MALFUNCTION WAS NOT THE PROXIMATE CAUSE OF PLAINTIFF’S DECEDENT’S DEATH, PLAINTIFF’S DECEDENT HAD SUFFERED CARDIAC ARREST BEFORE SHE WAS TRANSFERRED TO THE ELEVATOR, HOUSING AUTHORITY’S MOTION FOR SUMMARY JUDGMENT SHOULD HAVE BEEN GRANTED (FIRST DEPT))/LANDLORD-TENANT (ELEVATORS, NEGLIGENCE, ELEVATOR MALFUNCTION WAS NOT THE PROXIMATE CAUSE OF PLAINTIFF’S DECEDENT’S DEATH, PLAINTIFF’S DECEDENT HAD SUFFERED CARDIAC ARREST BEFORE SHE WAS TRANSFERRED TO THE ELEVATOR, HOUSING AUTHORITY’S MOTION FOR SUMMARY JUDGMENT SHOULD HAVE BEEN GRANTED (FIRST DEPT))/PROXIMATE CAUSE (ELEVATOR MALFUNCTION, LANDLORD-TENANT,  ELEVATOR MALFUNCTION WAS NOT THE PROXIMATE CAUSE OF PLAINTIFF’S DECEDENT’S DEATH, PLAINTIFF’S DECEDENT HAD SUFFERED CARDIAC ARREST BEFORE SHE WAS TRANSFERRED TO THE ELEVATOR, HOUSING AUTHORITY’S MOTION FOR SUMMARY JUDGMENT SHOULD HAVE BEEN GRANTED (FIRST DEPT))

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