• Couple alleges severe injuries after six-story Borgata elevator plunge
• Lawsuit claims defendants failed to maintain elevator safely
• Prior cases show liability for negligent elevator maintenance failures

A married couple from Pennsylvania were left with extensive physical, psychological, and financial injuries after a Borgata Atlantic City elevator they were riding “unexpectedly and violently” plunged six stories. When it came to a stop, it remained stuck between floors for 25 minutes with the “severely injured” couple inside, according to a new lawsuit.

The Borgata Atlantic City, above, and the Otis Elevator Co. had a duty to properly maintain their elevators, according to the plaintiffs who say they were severely injured and psychologically traumatized by their ordeal. (Image: Getty)

Willis and Ellen Barrett of Bethlehem, Pa. are suing the casino’s owner, MGM Resorts, and the Otis Elevator Co. for negligence in the New Jersey federal court.

They argue the defendants had duty to maintain the elevator in a reasonably safe condition, to properly design, install, inspect, repair, and replace the elevator, and to warn lawful invitees of any dangerous or defective conditions.

Litany of Injuries

The couple were guests at the casino on November 30, 2023, when the elevator fell rapidly from the 42nd floor to the 36^th, according to the lawsuit.

Their ordeal resulted in back and shoulder injuries, head pain, bruising, and long-term impairment, including loss of sensory and motor function, reduced range of motion, instability while standing or walking, and an unsteady gait, per the suit.

They further claim ongoing physical pain and discomfort, as well as cosmetic injuries including scarring and possible bone misalignment, all of which have required medical treatment and are expected to continue into the future.

This has led to “a loss of enjoyment of life, loss of life expectancy, loss of happiness, and loss of the pleasures,” as a result of the plunge.

The couple allege significant losses from medical bills, ongoing treatment costs, reduced earning capacity, and the inability to participate in normal social, recreational, vocational, and domestic activities.

They seek compensatory and punitive damages for alleged gross negligence/recklessness, plus legal costs, and any relief deemed appropriate by the court.

Legal Precedent

Courts have repeatedly recognized that property owners and elevator maintenance companies may be held liable when negligent elevator maintenance or defects cause serious injuries.

In July 2014, John Deatherage was in an elevator at Harveys Lake Tahoe Hotel & Casino when it suddenly dropped and came to a violent stop.

He subsequently filed a lawsuit against Schindler Elevator Company, the firm responsible for maintaining the elevator. In July 2018, a jury found Schindler negligent and awarded Deatherage $2 million in compensatory damages.

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