Sutter Health Workers' Compensation has filed a complaint for damages against Otis Elevator Company, a New Jersey corporation, and Otis Elevator Company, LLC, a California Limited Liability Company. The complaint was filed by Sutter Health Workers' Compensation on May 21, 2024, in the Superior Court of California, County of Santa Clara. The case is identified as 24CV439451.
According to the court documents, Sutter Health Workers' Compensation (referred to as "SUTTER") was obligated to pay workers’ compensation benefits to employees of Palo Alto Medical Foundation-Sunnyvale Center for claims of on-the-job injuries. One such employee, Tracie Slone, sustained injuries while using an elevator maintained by Otis Elevator Company. On June 7, 2022, Slone entered Elevator No. 3 at the Palo Alto Medical Foundation's Sunnyvale Center when the elevator suddenly fell and came to an abrupt stop. This incident resulted in injuries to Slone’s left shoulder, left knee, and lower back.
The plaintiff alleges that Otis Elevator Company and its subsidiary were aware of issues with Elevator No. 3 prior to the incident but failed to take necessary actions to rectify the problem or remove the elevator from service. This negligence allegedly contributed significantly to the injuries sustained by Slone. Sutter Health Workers' Compensation has since paid out workers’ compensation benefits and incurred other related expenditures due to this incident.
The lawsuit seeks recovery of these costs under Labor Code §3850 et seq., which allows employers or their insurers who have paid workers’ compensation benefits to seek reimbursement from third parties responsible for causing the injury. The plaintiff asserts that Otis Elevator Company's failure to address known safety issues constitutes tortious conduct directly leading to Slone's injuries.
In their prayer for judgment, Sutter Health Workers' Compensation requests several forms of relief: reimbursement for workers’ compensation benefits already paid and those that will be paid in the future; additional payments made on behalf of Slone up until satisfaction of judgment; all other recoverable expenditures per Labor Code §3862; costs of suit; prejudgment interest as allowed by law; and any other relief deemed proper by the court.
Representing Sutter Health Workers' Compensation is Robert B. Javan from Laughlin, Falbo, Levy & Moresi LLP. The case will be presided over in the Superior Court of California in Santa Clara County under Case ID 24CV439451.