Expert Witness Blog
In the case of White v. TK Elevator Corporation, No. 2:21-cv-01696 (D. Nev. Jan. 29, 2025), the testimony of an Elevator & Escalator Expert Witness played a crucial role in evaluating allegations of negligence and failure to maintain elevator equipment, following a mechanical malfunction that exposed a hotel employee to toxic fumes.
Background of the Case
Nathan White, a security guard at the Cosmopolitan Hotel in Las Vegas, responded to a smoke alarm from an elevator brake room in 2019. When he entered the room, he was exposed to chemical fumes allegedly released from a malfunctioning elevator system. White claimed this exposure led to serious respiratory and neurological injuries.
The elevator in question was designed, manufactured, and maintained exclusively by TK Elevator Corporation (formerly Thyssenkrupp). White sued the company under theories of negligence, strict liability, and failure to warn. His claims centered around allegations that TK Elevator failed to perform critical annual maintenance—specifically, a “brake teardown”—in the year of the incident, as required by their own service protocols.
Adding further controversy, key elevator components were disposed of by TK Elevator shortly after the incident, eliminating evidence that could have clarified the root cause of the failure.
Role of the Elevator & Escalator Expert Witness
To support his case, White retained John Koshak, a nationally recognized Elevator & Escalator Expert Witness with over 30 years of experience in elevator design, maintenance, and safety. Koshak’s job was to assess the maintenance practices followed by TK Elevator and to determine whether a failure in these practices could have contributed to the release of fumes that injured White.
His expert analysis focused on several areas:
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Maintenance Record Review: Koshak reviewed TK Elevator’s service logs and noted that the required annual brake teardown was not completed in 2019, in violation of the company’s internal standards and common industry practice.
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Fault Log Analysis: He analyzed system fault logs leading up to the incident and determined that overheating and excessive brake wear likely contributed to the emission of toxic fumes.
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Industry Standard Comparison: Koshak assessed TK Elevator’s performance against standards established by the American Society of Mechanical Engineers (ASME) and other industry bodies to show that their maintenance protocols had not been followed.
Koshak concluded that TK Elevator’s failure to properly maintain the system, combined with the destruction of key physical evidence, contributed directly to the plaintiff’s injuries and hindered post-incident investigation.
Court Proceedings and Findings
TK Elevator attempted to exclude Koshak’s testimony, claiming his methods were speculative, that his conclusions were not based on sufficient evidence, and that his failure to replicate the incident undermined his credibility. However, the court rejected these arguments.
The judge found that:
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Koshak was highly qualified to offer expert opinions on elevator design and maintenance.
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His methods, including deductive reasoning based on available records and industry knowledge, were reliable.
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His testimony would assist the jury in understanding technical issues beyond common knowledge, including how elevator brake systems function and what can go wrong when proper maintenance is neglected.
As a result, the court denied TK Elevator’s motion to exclude, and Koshak’s expert testimony was admitted into the record.
Legal Significance
This case highlights how an Elevator & Escalator Expert Witness can be critical in establishing liability when technical systems fail. The court’s ruling reaffirms the admissibility of expert testimony based on sound industry experience and logical inference, even when some physical evidence is missing—especially if its loss was caused by the defendant.
It also underscores the duty of maintenance providers to strictly adhere to their own safety protocols and to preserve evidence after an incident.
Conclusion
White v. TK Elevator Corporation demonstrates the power of expert testimony in cases involving complex mechanical systems. The Elevator & Escalator Expert Witness in this case provided essential insights that helped the court evaluate the adequacy of the maintenance provided, ultimately supporting the plaintiff’s claims and setting a strong precedent for similar technical litigation.