Western isn’t liable for the injuries sustained when Patrick Ledbetter fell in his wheelchair from the elevator that opened two feet above the floor in Cherry Hall, Board of Claims ruled Feb. 21.

Board of Claims hearing officer Jan West filed her decision in favor of Western on Dec. 10, 2007.

Her decision, along with exceptions filed by Ledbetter and his attorney Richard Hughes of Cole and Moore law firm, then went to the full board for the final decision.

Ledbetter’s claim stated that he fell in his wheelchair from an elevator in Cherry when it opened without leveling with the floor on Aug. 29, 2005.

He was seeking $15,000 to $20,000 for lost wages and $86,000 compensation for medical and dental treatment.

The board’s ruling didn’t come as a shock to Ledbetter, Hughes said.

“We knew the cards were stacked against us,” he said. “It’s a system set up by the state government for claims against the state government.”

The hearing officer is the person who determines the facts of a case that comes before the Board of Claims rather than a jury. That decision is then reviewed by the full board for a final decision.

General Counsel Deborah Wilkins said the hearing officer works to Western’s advantage because they generally know more about damages and are more mindful of state laws pertaining to damage claims.

Damages essentially come from taxpayers’ money when people have a claim against the state, she said.

West determined in Ledbetter’s case that he wasn’t able to prove that his injuries were caused by negligence by the commonwealth on the part of Western.

Ledbetter’s claim is divided into two arguments in the board decision signed by Board of Claims Chairman Billy Goodman.

Ledbetter first argued that prior incidences wherein the elevator failed to level, which were reported, should have alerted Western to the need to shut down or repair the elevator.

This is similar to “arguing that because a mechanic knew a headlight was bad and had replaced it that he should have also known the fuel pump was bad and the car should have been taken off the road,” according to the board decision.

Ledbetter’s second argument, that it was Western’s obligation to contact the fire marshal each time there was an incident involving the elevator, isn’t a requirement by law, the board ruled.

The board’s decision goes on to clarify that any need to report incidents or shut down an elevator is in response to an accident. Before Ledbetter’s fall, none of the reported incidents involved accidents involving injury.

“He’s hurt, there’s no doubt about that,” Hughes said of his client. “Patrick Ledbetter was injured as a result of this elevator stopping two feet above the ground.”

Ledbetter has 45 days from the date of the board’s decision to appeal with the Warren County Circuit Court.

He hasn’t decided yet if he will appeal, Hughes said.

Ledbetter was advised by Hughes not to comment.

Reach Holly Brown at news@chherald.com.