
Andrew Polakowski suffocated in an overcrowded elevator in Stradley Hall. The 18-year-old was crushed between the third-floor lobby and the ceiling of the elevator when he tried to exit the elevator and its faulty brake system caused it to start moving.
Ohio law allows two years from the date of death to file a wrongful-death suit.
However, the suit was filed Jan. 9, 2009, in the Ohio Court of Claims – more than two years since Polakowski’s death.
Tim Riley, the Polakowskis’ attorney in their hometown of Erie, Pa., negotiated with OSU after the two-year mark passed. OSU agreed to extend the deadline.
“The university has remained in regular contact with representatives for the Polakowski family and we were made aware that they chose to take this next step. The university is reviewing the family’s filings and will consult with legal counsel on the next steps we need to take,” OSU spokesman Jim Lynch said.
The Polakowskis’ are seeking more than $25,000 in the lawsuit, Lynch said. The suit claims the university’s negligence in maintaining safe elevator function in Stradley Hall led to the untimely death of their son.
Since the accident, Student Life staff has maintained inspections, and hold weekly meetings with contractors to review service requests, repairs and special requirements, Lynch said.
After Polakowski’s death, Lerch Bates Inc., a global firm that specializes in elevator transportation, conducted a number of reviews and mechanical assessments of OSU’s elevators.
The reviews were completed in August 2008. Lerch Bates made specific recommendations for continuing to upgrade and modernize equipment. In south campus high-rise dorms, new rope grippers and brake systems were installed after the incident.
“This accident is the only serious incident I am aware of in my 33 years working at Ohio State. I want to assure students and their families that we are committed to protecting their safety in our residence halls,” said Rich Hollingsworth, former vice president of Student Affairs, in 2006.
In response to concerns following Polakowski’s death, two full-time staff members were hired by OSU to monitor elevator maintenance. Closed-circuit video cameras have also been installed in all campus high-rise elevators.
The Polakowskis’ attorney, Tim Riley, was unavailable for comment.
Gina Ferrentino can be reached at [email protected]. Gina Ferrentino can be reached at [email protected].