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Just the Facts: Elevator door collapse investigation in Ames, Iowa still open. Why?

By Steve Lombardi

Why aren't the investigative reports from the Ames, Iowa elevator death case not being released?

We reported earlier on this matter. See our post at Ames, Iowa: 19-year-old falls seven stories down elevator shaft of working elevator, June 8, 2009.

A request for the investigation report into the Ames, Iowa death by plunging seven stories down an elevator shaft through a closed elevator door was refused by the City of Ames Police Department. All requests were directed to the City of Ames attorney's office. The City Attorney's office refused citing privilege and an ongoing investigation.

'I'm investigating the elevator accident that claimed the life of Michael Foody on Saturday, June 6, 2009. I request a copy of the police report but was told that even though the police investigation is complete that I can't have a copy of the report. '

Here are the facts, and just the facts: As reported in the news and from an onsite visit.

Date of Incident: Saturday, June 6, 2009

Time of Incident: Shortly before 12:30 a.m.

Property Location and Owner: Legacy Apartments, 119 Stanton Ave, Ames, IA 50014

Building management appears to be Campustown Property Management.

Injured Person: Robert Pawlak

Type of Injury: Unknown, but fatal.

What happened: Here is what is reported. Robert A. Pawlak, of the 200 block of Old Field Road, was in Ames visiting a friend when he fell, said Ames Police Comdr. Mike Brennan in a press release. Robert Pawlak, 19, of Downers Grove, Ill., fell into the shaft, passed between the wall and the elevator that had stopped at the fourth floor, and hit the floor the equivalent of 11 stories below. He showed no signs of life when police arrived on scene minutes later late Saturday night.

(I have no actual knowledge of the events, just a curiosity as to how this could possibly occur. Aside from owning and managing commercial real estate, my two step daughters and a son attend or attended school at ISU. We visited and looked at these apartments. This is very puzzling situation to say the least.)

Another description: The three were standing near a foyer where the elevators were located and Pawlak was standing near one of the closed elevator doors. The friend that Pawlak was visiting allegedly pushed Pawlak, causing him to hit the elevator door which collapsed, said Brennan.

People Involved or Witnesses:

Robert A. Pawlak,19, of Downers Grove, Illinois (Not an ISU student). Person who fell into the elevator shaft and died.

Michael Foody, also 19 and from Illinois (Not an ISU student) – Allegedly pushed Foody while horsing around.

Unidentified third party: The two were at a gathering on the seventh floor of a building when they left with a third person early Saturday. The reports did not identify that third person.

Katie Hommer said the last inspection on Dec. 30, 2008, turned up an emergency telephone and light that weren't working, but inspectors gave the elevator a clean bill of health in late February after those problems were fixed. Spokeswoman for the Iowa Workforce Development, the umbrella agency for the Elevator, Boiler and Amusement Ride Bureau.

Ames Police Cmdr. Mike Brennan –

Hospital Personnel: The victim was taken to Mary Greeley Medical Center where he died, police said.

EMT Personnel: Unknown.

Ambulance Personnel: Unidentified.

Location of Incident: 7th Floor just outside the elevators at 119 Stanton Ave, Ames, IA 50014

Investigative Agency: City of Ames Police Department 515 Clark Avenue Ames, IA 50010 (515) 239-5133. (See also www.cityofames.org/Police/ )

City Attorney: Doug Marek or the Assistant is Judy Parks, 515-239-5146.

LEGAL DEPARTMENT STAFF Phone: 515-239-5146 Fax: 515-239-5142

City Attorney is Doug Marek Email: DMarek@city.ames.ia.us

Assistant City Attorney is Judy K. Parks Email: JParks@city.ames.ia.us

Ames Police Cmdr. Mike Brennan

Elevator facts: Allegedly the elevator was new in 2004 and checked annually by state inspectors, according to a news report quoting Iowa Workforce Development personnel. Iowa Workforce Development is the umbrella agency for the Elevator, Boiler and Amusement Ride Bureau.

Elevator Manufacturer: The maker of the elevator was Schindler. Door is one piece and moves left to right.

Criminal Charges: None concerning the death. Public intoxication for at least one of the persons present at the scene.

REGULATIONS OF ELEVATORS

Ames City Ordinances: Read at http://www.cityofames.org/Attorneyweb/Templates/CodeTOC.htm

Ames City Code: Rental Housing is covered under Chapter 13

Iowa State Code: Concerning elevators. Iowa Code Chapter 89A.

Elevators, escalators and related equipment are governed by Iowa Code Chapter 89A.

Regulating Authority: The Labor Commissioner and the Elevator Safety Board have regulatory authority over elevators in the State of Iowa. See IAB, ARC 5186B. Public Safety Department [661] Certain requirements for the safe operation of elevators relate to mitigating fire hazards in elevators and in associated areas, especially elevator machine rooms. In order for such requirements to be enforced by personnel of both agencies and to be enforced uniformly, there needs to be consistency between the state elevator code enforced by the Labor Commissioner and the rules of the Fire Marshal.

State law requires that elevators, escalators, dumbwaiters, and related equipment comply with all applicable rules and statutes. No new installation or alteration work may begin in Iowa until the installer obtains the proper permit from the Iowa Division of Labor. Applications for installation or alteration permits should be submitted eight weeks before work is scheduled to begin. The permit is to be posted on the job site at the time the work begins. The equipment cannot be used until it passes inspection by a state inspector.

Accessibility requirements for elevators are enforced by the Department of Public Safety and local jurisdictions. For more information, call (515) 725-6154 or visit

http://www.dps.state.ia.us/fm/building/index.shtml.

You may request that the Elevator Safety Board review an inspection report, grant a variance from a rule, or change a rule. Click here for more information about the Elevator Safety Board.

To view a summary of recent and proposed changes to the elevator rules, click here.

Interesting and Pertinent Questions that Remain Unanswered:

1. In what direction was the force applied to the elevator doors?
2. How can properly maintained elevator doors open from force applied directly to the door's face?
3. If these doors did cave in what allowed them to just cave in or collapse?
4. How much did this young man weigh?
5. How hard was he pushed?
6. Were there any witnesses?
7. What statement did independent witnesses give?
8. Have there been other problems or incidents reported to the manufacturer?
9. If so what were the circumstances of those reported incidents?
10. What safety mechanisms are built into the design of these doors?
11. What if anything failed to perform as expected in the design features?
12. Will changes be made in the design or maintenance of the Schindler elevators and will they be made in all Shindler elevators of this model and design?
13. Are warnings being sent out to other building owners with this type of elevator?
14. What other owners have this elevator installed?
15. Is this model and design flawed?
16. What maintenance reports exist and what is in those reports?
17. What inspection reports exist and what is in those reports?
18. Why is this investigation ongoing?

We reported earlier on this matter. See our post at Ames, Iowa: 19-year-old falls seven stories down elevator shaft of working elevator, June 8, 2009.

Related Video:

Can too many people get into an elevator? What number of people can be in the elevator you are on? Watch this video and see if you start paying more attention to the number of people getting into the elevator you're already in.

http://www.youtube.com/watch?v=UhApK1_tvnQ

Originally posted at InjuryBoard by Steve Lombardi

Full post as published by Des Moines Personal Injury Lawyer on June 15, 2009 (boomark / email).