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Elevator company wants indemnity from IRT

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An Illinois elevator company wants a judge to force the Indiana Repertory Theatre to protect it from liability in a lawsuit brought by a catering worker who fell down the elevator shaft at the downtown theater in 2007.

Charlie Stamps of Indianapolis sued IRT and Kone Elevators for negligence after he fell four stories. Stamps, who worked for MBP Distinctive Catering, was operating a hot cart near the elevator doors on Dec. 14, 2007, according to his November 2009 lawsuit in Marion County. When he reached down for the electrical cord, the elevator doors opened, and he fell down the shaft to the basement.

Kone, a Finnish company with its U.S. operations based in Moline, Ill., claims in a federal lawsuit filed this month that its maintenance agreement with the IRT requires it to indemnify the elevator company. Kone says a second agreement requires IRT to name Kone on its insurance policy for commercial bodily injury and property damage liability.

The company wants the judge to declare the not-for-profit IRT's obligations and pay Kone's costs in both lawsuits.

Stamps' lawsuit doesn't request a specific amount of damages, but Kone thinks the figure could be high. Kone's attorneys cited a deposition in which Stamps said he spent several weeks in the hospital with surgery to his wrist and knee, and that he expects more surgery.

A representative of the IRT could not be reached Thursday morning.

So far IRT has rebuffed Kone's requests for indemnity. Lewis Wagner insurance lawyer Richard Shoultz sent Kone's attorneys a letter last August explaining that the company was relying on an inaccurate version of the agreement, and that the company had not responded to IRT's concerns.

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  1. why oh why does this state continue to elect these people....do you wonder how much was graft out of the 3.8 billion?

  2. i too think this is a great idea. I think the vision and need is there as well. But also agree with Wendy that there may be better location in our city to fulfill this vision and help grow the sports of hockey and figure skating in Indy. Also to help further develop other parts of the city that seem often forgotten. Any of the other 6 townships out side of the three northernmost could benefit greatly from a facility and a vision like this. For a vision that sounds philanthropic, the location is appears more about the money. Would really like to see it elsewhere, but still wish the development the best of luck, as we can always use more ice in the city. As for the Ice growth when they return, if schedules can be coordinated with the Fuel, what could be better than to have high level hockey available to go see every weekend of the season? Good luck with the development and the return of the Ice.

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  4. You do not get speeding ticket first time you speed and this is not first time Mr.Page has speed. One act should not define a man and this one act won't. He got off with a slap on the wrist. I agree with judge no person was injured by his actions. The state was robbed of money by paying too much rent for a building and that money could have been used for social services. The Page family maybe "generous" with their money but for most part all of it is dirty money that he obtained for sources that are not on the upright. Page is the kind of lawyer that gives lawyers a bad name. He paid off this judge like he has many other tine and walked away. Does he still have his license. I believe so. Hire him to get you confiscated drug money back. He will. It will cost you.

  5. I remain amazed at the level of expertise of the average Internet Television Executive. Obviously they have all the answers and know the business inside and out.

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