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Samuel_WaisbrenThe family of Samuel Waisbren, a Manhattan man that was killed in a freak elevator accident at his luxury apartment plans to file a wrongful death lawsuit in the gruesome death.

The three-page Manhattan Supreme Court document, which was just filed, called for the building’s owners, its management team and the elevator company to “preserve and maintain” all videos, maintenance and service records, inspection records and other documents related to the shocking August 22nd death.

The 30-year-old victim was pinned between the elevator and the shaft wall while exiting into the lobby of the 23-story Kips Bay apartment building. Waisbren was riding in the elevator with six other passengers who walked away without injury before the elevator suddenly plummeted and killed him.

Waisbren’s uncle Benjamin and his father Charles hired a law firm to “investigate and prosecute a claim for the wrongful death and personal injuries sustained by Sam,” court papers said. The family is seeking “certain information so that the parties can be identified to aid in the framing of a complaint in an action to be commenced for the death of Sam Waisbren,” the document added.

Waisbren was laid to rest in his hometown of Fox Point, Wisconsin, which is about 10 miles from Milwaukee, earlier this week.

Both the city Department of Investigation and the Department of Buildings were investigating the shocking death of Waisbren who moved to NYC six years ago. The elevator was last inspected by the city this past March, while a maintenance company did its own check of the elevator earlier in August.

An adjacent elevator at the Kips Bay building failed a May inspection which found that a mechanism that prevents it from opening between floors was defective. The building’s management fixed the problem later that month, but still has not paid the fines associated with it.

Waisbren, in the past, had complained to his family about elevator problems, his father told the New York Daily News last week.

“My feeling about New York is you pay a bazillion dollars for rent, the least they could do is provide safety,” a devastated Charles Waisbren told the paper. “It’s hard to see how you can go on living when such a big thing is taken from you.”

The family makes a valid point and going over the past inspections will be key to their victory in their wrongful death suit. We at Inserra Law see victory for the family in this suit. These are very expensive properties who should have all safety situations handled.

We at The Inserra Law Firm see how the family can be devastated. This is clearly a serious wrongful death situation. If you need a quality attorney to represent you or a loved one in a similar situation, then please look to set up a FREE consultation at the law office in Hollywood. Don’t forget that Attorney Inserra specializes in: auto accidents, Uber & Lyft accidents, motorcycle accidents, truck accidents, bicycle accidents, boat accidents, slip & falls, pedestrian accidents, wrongful death, burn injuries & head & traumatic brain injuries.