Allegations of mocking and name calling were among more than a dozen claims in a lawsuit filed against Ball State University. The lawsuit was in response to a September 2007 incident in which seven people were trapped in an elevator for about two hours.
James and Carla Berry and Corrine and Veronica Castillo filed the lawsuit against Ball State, Ball State Police Department and Cpl. Charles Starkey on Nov. 21.
Claims include negligence, recklessness and intentional infliction of emotional distress on the part of Ball State, according to the lawsuit. The complaint states "that the calling of names and/or making fun of the situation of the trapped individuals was continuous and should have been known to cause distress ... "
Attorneys Brian Larson and Charles Dargo are representing the plaintiffs.
In a statement released to the Ball State Daily News by the lawyers Tuesday, Larson said Ball State failed to respond to the emergency quickly and to cooperate with emergency agencies.
"The families are filing suit against the University in order to bring light to and hold the University accountable for its emergency response policies," Larson wrote.
According to the statement, Ball State did not contact the Muncie Fire Department regarding the stranded, "severely overheated" elevator. A victim's family member contacted the fire department almost an hour after the elevator halted, according to the statement.
In the release, Dargo said he felt it was important for people to be aware of what he called the indifference exhibited by the university.
According to a Sept. 5, 2007 article in the Daily News, the elevator the in LaFollette Complex stopped working because of an overheated motor. To calm the victims, who were close to the sixth floor, firefighters lowered a ladder from a hatch at the top of the elevator shaft. Bolts on the roof of the elevator were removed to supply the trapped group with cool air and water.
In the previous Daily News article, Alan Hargrave, director of housing and residence life, said confusion due to a switch in elevator maintenance contracts probably caused the slow response time. The new contract requires a maximum of 45 minute response time, Hargrave said.
The lawsuit was filed with Judge Chris Teagle in Delaware County Circuit Court 5. No court dates have been set, according to court documents.
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