The Steel Kiss

WRONGFUL DEATH/PAIN AND SUFFERING

CIVIL LAWSUIT

-Location of incident: Heights View Mall, Brooklyn.

-Victim: Greg Frommer, 44, clerk with Pretty Lady Shoes in mall.

--Store clerk, left Patterson Fuel Systems as Director of Marketing. Will attempt to show he would have returned to a similar or other ­higher-income job.

-COD: Loss of blood, internal organ trauma.

-Cause of action:

--Wrongful death/personal injury tort suit.

---Strict products liability.

---Negligence.

---Breach of implied warranty.

-Damages: compensatory, pain and suffering, possibly punitive. To be determined.

-Possible defendants:

--Midwest Conveyance, Inc. (manufacturer of escalator).

--Owner of property mall is located on (to be identified).

--Developer of mall (to be identified).

--Service maintaining escalator if other than manufacturer (to be identified).

--General and subcontractors installing escalator (to be identified).

--Additional defendants?

-Facts relevant to accident:

--Access panel opened spontaneously, victim fell into gears. Opened about 16 inches.

--Door weighed 42 pounds, sharp teeth on front contributed to death/injury.

--Door secured by latch. On springs. It popped open for unknown reason.

--Switch behind locked panel. On video no one appeared to push switch.

-Reasons for failure?

--switch or servo motor activated spontaneously. Why?

---Shorted out? Other electrical problem?

--Latch failed.

---Metal ­fatigue—­possible, not likely.

---Didn’t seat properly.

----Insects, liquid, mechanical contact? Not likely factors.

----Lightning? Not likely factor.

Archer explained to Whitmore that she’d found no other similar accidents—in escalators made by any company, not just those in the product line of Midwest Conveyance. Then Mel Cooper gave the lawyer the details of their attempts to get the door to pop open spontaneously due to some outside factor or a flaw in the manufacturing of the unit.

“None of the theories of getting the door to open worked on the mock-up,” Rhyme told him.

“It doesn’t look very promising, I must say,” Whitmore offered. His voice sounded no more discouraged at this bad news than it would be enthusiastic had the conclusions gone in their favor. Still, Rhyme knew he would be troubled. Whitmore wouldn’t be a man who took setbacks easily.

Rhyme’s eyes were scanning the scaffolding, up and down. He wheeled closer, staring, staring.

He was vaguely aware of Thom arriving with a tray: the baked goods and beverages. Vaguely aware of conversation among Cooper and Archer and Whitmore. Vaguely aware of the lawyer’s monotonous voice replying to something Archer had asked.

Then silence.

“Lincoln?” Thom’s voice.

“It’s defective,” Rhyme whispered.

“What’s that?” his aide asked.

“It is defective.”

Whitmore said, “Yes, Mr. Rhyme. The problem is we don’t know how it’s defective.”

“Oh, yes we do.”

* * *

“Scared me a bit there,” Amelia Sachs snapped, her voice sharp as the wind. “Possibility the perp might’ve been around.” She removed her hand from the grip of her Glock.

The person who’d come up behind her just after her mobile call to Rhyme was Ron Pulaski, not Unsub 40 or any other assailant.

The young officer said, “Sorry. You were on the phone. Didn’t want to interrupt.”

“Well, next time circle wide. Wave. Or something…  You see anybody looking like our unsub nearby, a few minutes ago?”

“He’s here?”

“Well, he does like his White Castle. And I saw somebody shadowing me. You see anything?” she repeated impatiently.