Building cited by L&I now sued by artist who lost finger in an elevator
An artist who lost part of a finger operating an elevator filed suit Tuesday against the owner of the building, which had been cited for numerous code violations less than two weeks before his injury.
An artist who lost part of a finger operating an elevator filed suit Tuesday against the owner of the building, which had been cited for numerous code violations less than two weeks before his injury.
Joseph Riviera, 69, of South Philadelphia, suffered a partial amputation of his right middle finger last Sept. 15 while operating a service elevator at 915 Spring Garden St. The building housed about 100 artist studios, including space used by Riviera for more than a decade.
A minor electrical fire occurred in the building Sept. 2, and that led to the Department of Licenses and Inspections' issuing 29 code violations and ordering that the building be immediately evacuated.
That caused an uproar among the artists, who said they needed time to remove their artwork, equipment, and other belongings from the five-story former Reading Co. building.
Riviera's complaint, filed in Philadelphia Common Pleas Court, names as defendants Penn Dion Corp., the building's owner; Pintzuk Brown Realty Group, which maintained the building; and Elevator Construction & Repair Co., which repaired and maintained the elevators.
A phone number listed for Penn Dion was no longer operational.
A woman who answered the phone at Elevator Construction & Repair said she would pass on a reporter's contact information to a manager or supervisor.
A woman who answered the phone at Pintzuk Brown on Tuesday said there was no one available. When asked whom would be the appropriate person to speak to, the woman replied, "I'm not going to give out any information."
On the day of the accident, Riviera was retrieving his canvases, easels, and supplies from the building and using the elevator to access his studio space, according to his lawyers, Perry Liss and Adam P. Barsky.
After the fire and L&I inspections, the tenants were allowed restricted access to the building to remove their property.
The lawsuit quotes from an Oct. 1 email sent from a representative of Pintzuk Brown notifying the tenants that the city was allowing extended access to the building and advising them to avoid the elevators.
"Ownership wishes to remind all the tenants that the elevators are temperamental, and thus it may be more prudent to use the stairs during such visit to the building," the email said.
On Oct. 30, the same management representative emailed the tenants, informing them that their leases were being terminated.
The email says the owners had tried to work with the city to reopen the building as quickly and safely as possible.
"Unfortunately, it's been determined that more time and possibly more work than previously anticipated will be necessary to comply with L&I requirements," the email says.
The complaint is seeking more than $300,000.
"It is an absolute shame that a lifelong artist's career has been forever impacted by an avoidable tragedy," Riviera's lawyers said in a statement.
215-854-5983
@RobertMoran215
Staff writer Julie Shaw contributed to this article.