OSU takes defense in elevator death lawsuit

Ohio State is not to blame for the 2006 accidental death of freshman Andrew Polakowski, according to court documents filed Monday by the university.

OSU will refute the wrongful death suit filed by the Polakowski family Jan. 9, who are asking for $50,000 in compensation for the death of their son. The Polakowskis' lawsuit says the elevator had a faulty brake, an inadequate counterweight and lacked safety devices that would have kept it from falling.

OSU officials agree that Andrew Polakowski's death was an accident, according to filings in the Ohio Court of Claims. However, OSU contends that Polakowski was one of the last of 24 students filing onto a Stradley Hall elevator that was only meant to hold 2,500 pounds.

According to OSU legal council, when Polakowski stepped onto the elevator, the weight exceeded 3,500 pounds and was far over capacity, which is what caused the elevator to descend. While the elevator was moving from the third to the second floor, Polakowski attempted to exit the elevator and his body was crushed between the ceiling of the elevator and the floor.

OSU legal council filed a defense that said Polakowski's own negligence was a factor in his death and that the conduct of the other students in the elevator also contributed to the fatality. Polakowski rode the elevator at his own risk, they argued.

After close inspection of the facility following Polakowski's death, the Stradley Hall elevator failed a brake inspection, which gave the Polakowski family means to file suit.

"If any such failures occurred, they are attributable to negligence on the part of the contractors," according to a claim filed by OSU's legal defense.

Otis Elevator Co., Abell Elevator Service Co., Hanbury Evans Wright Vlattas & Co., C&N Construction Services Inc. and KONE Inc. were in charge of inspection, maintenance and service repairs of OSU elevators during the time of Polakowski's death.

These five companies now find themselves in the midst of a battle between OSU attorneys and a grieving family.

Because of the companies' contracts with Ohio State, they could be responsible for paying the suit if OSU is charged.

All five companies were summoned by the Ohio Attorney General's office Wednesday and ordered to file a defense. OSU spokesman Jim Lynch would not comment on the case.

The Polakowski's attorney, Tim Riley of Erie, Pa., was unavailable for comment.