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Visually Impaired Man Sues Doughnut Plant After Falling Down Open Elevator Shaft
By
Nell Casey
Published Mar 19, 2013
Modified Mar 19, 2013
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John Del Signore/Gothamist
By
Nell Casey
Published Mar 19, 2013
Modified Mar 19, 2013
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Like a scene out of every New Yorker's worst nightmare, a visually impaired visitor from Washington, D.C. is suing the Doughnut Plant outpost in Hotel Chelsea after he fell down a sidewalk elevator shaft, resulting in a pinky amputation. According to DNAinfo, Brian Hurley was just trying to take his friend—who happens to be completely blind—to get a delicious cream-filled pastry when he unexpectedly stumbled into the open shaft, which was devoid of any barriers or caution markers to indicate the hazard. Hurley fell between 8 and 10 feet into the shaft, resulting in the pinky amputation and other injuries that kept him out of work for almost a month.
Jay Danker, Hurley's attorney, argues that Hurley uses his pinky "to hold his walking stick. He uses it to read braille. He uses it more than you or I would." The suit holds the Doughnut Plant and its landlord, The Chetrit Group, responsible for creating a "dangerous, defective, open and traplike condition." "They could have marked it or even had someone standing there, making sure people don't fall in," argues Danker.
But Stephan Donahue, attorney for the Chetrits Group, disagrees. "From our point of view, there was no negligence on the part of the hotel," he says, though he couldn't comment on whether that meant Doughnut Plant would ultimately be liable. With any luck this isn't just one of Nanny Bloomberg's latest don't get fat tactics.
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brian hurley
doughnut plant
elevator shaft
hotel chelsea
lawsuits
Nell Casey
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