LEWISTON – The father of an 8-year-old boy who was crushed to death in an elevator accident in the Bethel Inn has filed a lawsuit against the western Maine resort’s owner and two elevator companies.
Jeffrey Smith of Bel Air, Md., filed suit in U.S. District Court in Portland as a result of the Aug. 23 death of his son, Joseph Tucker Smith.
In addition to the Bethel Commodore Corp., which owns the Bethel Inn & Country Club, Otis Elevator and Pine State Elevator companies are named in the suit.
It says Otis manufactured the elevator in which the boy was killed. Pine State Elevator, which has offices in Portland, serviced and inspected the elevator, according to the suit.
The child was killed when he became wedged between two elevator doors and the car rose to the second floor.
The suit alleges that Otis designed an elevator with flaws that could result in severe injury and death and Pine State failed to warn elevator users of the dangers. It also accuses Bethel Inn’s owners of allowing operation of dangerous machinery.
Without specifying how much money is being sought, the suit says all three parties are liable for damages. It says Joseph Smith suffered severe pain before his death, and Jeffrey Smith “suffered and will continue to suffer severe emotional distress.”
The elevator in which the boy was killed had a current state safety certificate, but the 7-inch space between the doors exceeded the 4-inch maximum allowed by state regulations.
The private, state-licensed inspector who checked the elevator in June failed to note the defect in the report submitted to the state.
The state Department of Professional and Financial Regulation, which issues certificates, had allowed some certificates to lapse for as long as a decade before the August accident. In October, the department said owners of elevators with expired certificates could face criminal charges.
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