Florida Keys News - Key West Citizen
Friday, April 23, 2010
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Widow sues over safe that killed husband
BY ADAM LINHARDT Citizen Staff
alinhardt@keysnews.com

A Key West woman is suing the manufacturer and the retailer of a safe that killed her husband when it fell on him last year while he was moving his Duval Street jewelry store to another location.

Francine Gelman, widow of Jewelry Station owner Andy Gelman, claims that Mutual Safe Co. and Harwood's Miami Safe Co. failed to warn her husband of the life-threatening risks involved in moving the 10,000-pound, refrigerator-sized safe, according to the lawsuit filed in Monroe County circuit court Tuesday.

Andy Gelman bought the safe from Harwood's on April 27, 2004, but the retailer and manufacturer specifically failed to warn him of the dangers of moving the safe using a pallet jack and with the safe door open, according to the nine-page lawsuit.

The lack of safety warnings rendered it "defective" and "unsafe for its intended use," the suit says.

Francine Gelman and attorneys representing her and the safe companies did not return The Citizen's calls seeking comment. Court records indicate the companies also have not responded to the lawsuit.

Miami-based attorney Thomas Scolaro demands a jury trial and more than $15,000 in damages under Florida's Wrongful Death Act to cover medical and funeral expenses, mental pain and suffering and loss of household income, the suit states. The Gelmans did not have life insurance.

Andy Gelman, 58, died on Sept. 8 while he was moving the safe by himself. It was on a pallet jack on the sidewalk in front of his store at 626 Duval St. when the door swung open, causing its weight to shift and fall on him, the suit says.

An adjacent business owner and others tried unsuccessfully to move the safe before rescue crews arrived. Firefighters and paramedics used air bladders and wooden shims to lift the safe off Gelman, who died en route to a Miami hospital.

His death spurred Skip Fleet, Gelman's friend and owner of the adjacent store, Shirley Can't Surf, to raise funds to buy the Key West Fire Department a special $1,800 jack used to move such heavy objects in similar incidents. Fleet said he plans to deliver those funds today.

Francine Gelman did not reopen the Jewelry Station at the new location on Fitzpatrick Street.

alinhardt@keysnews.com

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Moving Safes

Submitted on Thu, 05/27/2010 - 10:04pm by SafeMover
I have been in the safe and vault business for over 25 years. This article states it was a 10,000 lb. Mutual Safe. This is incorrect as the heaviest safe Mutual makes is their model called the Diamond Vault its weight is listed at 4400 lbs. it measures 74.5 tall x 42 wide x 36.5 deep. This is no weight to mess with, the door alone probably weighs about 600-800 lbs. this is a tall and tippy safe on a pallet jack. Amatures should not even attempt to move this, but you know movers are just big dumb labors and anybody should be able to do this because the mover is going to cost you. I am sure Harwoods offers a safe relocation service but because of these types of risks, the knowledge, and the skills along with the right equipment they will charge a resonable fee to do this. Please people do what you do for a living and do it well I will move heavy safes because I do it well and safe. I promise I will not try to save money by doing any surgeries on my friends or family, I will leave that to the people trained with the right tools to do them.

moving co involved?

Submitted on Thu, 04/29/2010 - 10:39am by keysres
If there was a moving company involved (as noted above), then they should be considered as negligent, and they SHOULD have the proper insurances. A reputable moving company would NEVER allow a customer to assist in moving an item for this exact reason. Furthermore, they should have known to secure the door; it is standard practice to secure drawers on even a dresser or filing cabinet.... Make sure your contractors are insured and know what they are doing.

The unfortunate Mr. Gelman

Submitted on Tue, 04/27/2010 - 11:43pm by SmartDude
The unfortunate Mr. Gelman was still alive when the magnificent First Responders of Key West showed up and managed to remove the safe. He died on-route to the nearest appropriate trauma center, which was a nightmarish Kiss of Death 4 hour ambulance ride away in Miami. Trauma specialists speak of the “Golden Hour”: that first hour after injury, when aggressive skilled treatment is most effective at saving lives. The distinguished Florida trial lawyer industry is responsible for the closure of proper trauma care throughout Florida, down to a handful of inconveniently located remaining centers. Yeah, no need for tort reform in Florida.

Tragedy for all involved...

Submitted on Sun, 04/25/2010 - 8:00pm
When i first heard of this i was devastated. This was a tragedy for the community and the family. I had heard through the keys grapevine that a law suit may come forth. But i thought it was going to be against the moving company, which would of been so much more understanding. Knowing now there was no moving company involved I believe Francine is being steered in the wrong direction by an attorney, friends or family. This wouldn't be the first time a grieving widow was directed up the wrong street. I once and i am sure others on here have dealt with tragedy in life and it does tend to cloud things for awhile. Hopefully things will clear up sooner then later for her and she will realize that it was a tragic accident, nothing more, nothing less and move on with her life. I pray she does. God Bless all.

LAWN JARTS AND SAFES

Submitted on Sat, 04/24/2010 - 7:15am by bluefinz
The other day I found my old set of lawn jarts (you know those giant darts you had as a kid for a backyard game). Well I decided, "What if I sharpened the ends of them and then try and see how high I could throw them and catch them in my teeth". Needless to say it didn't turn out so well. I bet I can get this lawyer to try and sue Whammo...

widow sues

Submitted on Fri, 04/23/2010 - 9:53pm by SNOWBIRDER
It seems that many of your comments blame the deceased Mr. Gelman for his own death. Are you all psychics or were you witnesses to the accident? Very judgemental attitudes on a situation you only know as heresay. Compassion doesn't seem to be an attribute that many of the commenters have. Remember innocent until proven guilty.. I would be scared to have some of you if I had to stand trial on my jury!

"Innocent until proven guilty"??

Submitted on Fri, 04/23/2010 - 11:37pm by moonlight10
Your comment does not make sense. No one is accusing anyone of murdering Gelman. The comments here do not reflect a non-compassionate attitide. They do, however, speak of common sense, logic, and physics. Yes, it is tragic that Gelman lost his life, but common sense would signal that moving a multi-thousand pound object single-handedly is not the smartest or safest feat to attempt without injury. I suppose if he were successful in moving the safe, and ended up with a hernia, you'd think that lawsuit would be viable, as well. And yes, there were witnesses to the accident; no psychic powers needed.

Mr. Gelman was not moving

Submitted on Sat, 04/24/2010 - 1:10am by SNOWBIRDER
Mr. Gelman was not moving the safe by himself.

Straight from the article:

Submitted on Sun, 04/25/2010 - 4:04am by moonlight10
"Andy Gelman, 58, died on Sept. 8 while he was moving the safe by himself." Others were present, but not hands-on when the accident occured.

Yea, you're right...

Submitted on Sat, 04/24/2010 - 10:29pm by moonlight10
so there was MORE than just one person not using any common sense. Maybe she should sue the "helpers" that forgot to think about safety issues, as well.

Widow sues

Submitted on Fri, 04/23/2010 - 9:48pm by SNOWBIRDER
It seems that many of these comments have attacked the deceased Mr. Gelman.. and saying it was his fault for his own death. Are you all psychics or were you witnesses to the accident? Compassion is low for some of your attributes. Innocent before proven guilty ... remember .... would hate to hve you on my jury!

Editorial or Facts?

Submitted on Fri, 04/23/2010 - 9:31pm
Excuse me, but is this an editorial? I thought you were supposed to report the news Mr. Linhardt not editorialize it. This article seems slanted against Mrs. Gelman. As far as I know, Mr. Gelman was not moving a safe on his own. In fact, none of you were there, correct? As far as I know, there were no witnesses, so who are you to say who Mrs. Gelman should or should not be suing? Since all of you (including the reporter) seems to know what happened, why don't step forward and join one side or the other. You have no right to be so judgmental- put yourself in her shoes.

For once I am in full

Submitted on Fri, 04/23/2010 - 7:20pm by Ed
For once I am in full agreement with all the posts here! It is a new record.

Remind my family

Submitted on Fri, 04/23/2010 - 6:20pm by noyb
to sue the home builder, roof manufacture, and roof installer if I ever fall from the roof of my house. They are supposed to tell me of the dangers of being on a roof, right.

Mr. Gelman wasn't moving the

Submitted on Fri, 04/23/2010 - 12:35pm by Jojo
Mr. Gelman wasn't moving the safe on his own. 2 man and a van were helping him.

Sue everybody....

Submitted on Fri, 04/23/2010 - 12:14pm by max
Why not just sue the insurance companies for not advising the Gelmans on what would happen if you died and didn't have any insurance.

So sad... (the lawsuit that is)

Submitted on Fri, 04/23/2010 - 11:42am by kwguy24
I was glad to read these comments and see that I'm not the only one thinking it. Anyone who thinks it's the manufacturer or retailer's fault that someone died doing something unsafe with their product is quite delusional. It's terrible and sad that it happened, but come on... you really think they should be responsible for funeral costs and damages? I sincerely hope this suit was thought-up by some scuzzy lawyer looking for an easy buck, otherwise this will tarnish the Gelman name. My condolences go out to the non-greedy members of the Gelman family.

Blame the entitlement society we have in the USA

Submitted on Fri, 04/23/2010 - 10:55am by kelliec
And it's only gonna get worse people! Blame the dems, blame Obama-rama, blame anyone you choose but society as a whole is now under the impression that no one can do anything wrong, everyone is a winner, and if something goes bad it isn't your fault but someone else is to blame. Everyone is ready for a free ride from the overbearing government ready to hand it out to the nanny state whinners and criers. Come on ya big babies - grow up! Take responsibility for your actions! Quit begging for handouts and entitlements you haven't earned and have no right to get. Life isn't about freebies and mine-mine-mine attitudes. Work hard, save money and quit suing for your piece of the pie. You don't have the right to get it. Oh, not unless you believe the hype under this administration and the policies dictated by the new slave masters. Bend over people cause it's a coming - the times they are a-changing - learn to love the colour red and salute!

what a moran

Submitted on Mon, 04/26/2010 - 2:31pm by Kiki
Widow Gelman has an attorney conjuring up a ridiculous lawsuit and it's Obama's fault???- you are a total idiot! This whole SUE SUE SUE mentallity has been around forever and a day..."it's not my fault I dove into shallow water drunk and am a quadroplegic- I'll sue Jack Daniels!" I am so sorry for Mrs. Gelmans loss and it doesn't matter WHO did or did not help move the safe- it was unwise- it was 10,000lbs!! 5 tons for God's sake. The lack of common sense is at fault- not the safe manufacturer.

Ditto ~ to all of the above

Submitted on Fri, 04/23/2010 - 10:44am by Tara
Ditto ~ to all of the above posts.

Lawyers

Submitted on Fri, 04/23/2010 - 10:24am by Charles Darwin
Ambulance chasers, start your engines!

lawsuit over safe

Submitted on Fri, 04/23/2010 - 9:26am
The lawsuit is insane, but this is the same country that voted in Obama, so what do you expect?

You Know.....

Submitted on Fri, 04/23/2010 - 8:07am by malkiesmum
I am very sorry for Mrs. Gelman's lost, but suing the manufacturer for a mistake that her husband made is not the right thing to do! Whatever happen to personal responsibility? What ever happen to using common sense before moving a 10,000 Lb. safe with it's door open? It is common sense, if you think of the physics of the task that he was performing all alone, it tells you that he was taking a risk by moving this thing by himself and with the door wide open! Try to move a refrigerator with it's doors open, I bet that it would either tip over or side ways, same with a 10,000 Lb. safe. So, what about saying; "my husband made a mistake by moving that safe all by himself and the door open, may he rest in peace" PERIOD! This is why we pay higher insurance premiums! This is a "happy suit" society, that does not want to take personal responsibility for the mistakes that we make.

Door wide open?

Submitted on Fri, 04/23/2010 - 3:15pm by KeyWestDylan
Do read the article before assuming... The door swung open. I doubt a fridge would tip "easily" in the same sense. The door panel of a safe has the most weight of the 6 sides because of the mechanisms inside. Granted, having help would have been better IF someone was available. Yes, if it can kill you it needs a warning label. Not everyone is as intelligent as you. BTW its "suit-happy-society!

You've got to be kidding

Submitted on Fri, 04/23/2010 - 7:55am by barnabas
My heart went out to the woman when this happened. It was a terrible tragedy. But this too much. What blood sucker convinced her to do this? She's bringing a lawsuit because her husband didn't use common sense? This is as bad as the woman who spilled coffee in her lap then sued McDonald's because they didn't warn her it was hot. 10,000 lbs, refirgerator sized, door open, with a hand cart, by himself. That pretty much spells stupid in any country, but only here would a person sue for liability claiming that the company who made the safe did something wrong. The lawyer behind this is a real sicko.

McDonald's case was justified...

Submitted on Fri, 04/23/2010 - 8:25pm by Ralph
They actually deserved it. They had equipment specially built that served coffee at a temp that was over 30 degrees hotter than standard. They did it so that people could carry the coffee further and it would still be hot. They made money at the expense of safety and they failed to adequately warn people that their coffee was friggin' hotter than any coffee they had ever bought in their lives. There were numerous complaints of serious burns brought to their attention beforehand and yet they did nothing. It met the test of gross negligence. The penalty was the profit the chain made on the sale of coffee for ONE DAY. The case with the safe is stupid.

It's lawsuits from people

Submitted on Sat, 04/24/2010 - 10:43am by imominous
It's lawsuits from people like Francine, who try to profit from the stupidity of others, who lead to things like the notice I saw printed on a box containing a storage shed. "Assemble before use." Duh. Apparently someone, at some point, must've tried to use one of these sheds while it was still packed in a flat box. Probably 99% of purchasers are aware that you need to assemble and set up a storage shed in your yard before putting things in it. Same goes for a 2 ton safe. Show of hands; how many think moving something that big by yourself is a good idea? Francine shouldn't be rewarded for marrying a one-percenter. One can only hope he died before reproducing, thus affirming Darwin's theory and doing humanity at large a huge favor by lopping a twig of stupid off our family tree.

Widow sues

Submitted on Sat, 04/24/2010 - 11:39pm by SNOWBIRDER
What a hateful bunch of words. I feel sorry for someone like you. you are a sad case

I am sorry

Submitted on Fri, 04/23/2010 - 7:52am by Gary
I cant believe this woman is suing the safe manufacturer and others. When is this world going to get around to you are responsible for your own actions. This guy was moving a 5 ton safe by himself. That's crazy!!! There are so many things HE did wrong, not the safe company, nor the person who sold him the safe. I hope the judge will see this.

Ummm...

Submitted on Fri, 04/23/2010 - 7:31am by Mac
I am sorry for the tragic loss of Mr. Gelman and for the whole incident. However, I don't feel that one needs to be warned to get out of the way when an elephant is about to sit down. Same with moving a 10,000 lb safe or similar object. The responsibility for caution rests with the mover of said object. In legal terms, it's labeled "DUH." And a Miami lawyer suing for $15,000? That won't even cover his invoice. Judge should throw this suit out on sight.

The $15,000 thing: If you'll READ the article,

Submitted on Fri, 04/23/2010 - 9:11am by *.*
the Wrongful Death Act pretty much states the way these suits can be filed. You don't request a specific amount. It is stated as 'more than $15,000' but a jury decides the damages.

You really need to get that reading for comprehension thing down before making this type of comment.

This death was a sad event.

Submitted on Fri, 04/23/2010 - 6:56am by Edge540
This death was a sad event. But come on folks...take responsibility for yourself. This death was not the fault of the manufacturer or sales company. Be responsible for your own actions. This is the problem with America.

This was tragic that her

Submitted on Fri, 04/23/2010 - 3:22am by just us conchs
This was tragic that her husband was killed, but I don't agree with her lawsuit. Moving a large safe alone and then the door swung open, of course the weight would of shifted. Just like opening more than one file drawer on a file cabinet at the same time, it also would come forward towards you. This lawsuit doesn't make sense.

SAFE

Submitted on Fri, 04/23/2010 - 9:05pm by steviekwest
It was a a sad thing but you have to be kidding -- They didn't tell him a 10,000 pound safe might kill him if it fell on him -- I sure hope your lawyer does not get paid unless you win
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