Empire State Building Guide Sues Over 'Career-Ending PTSD' After 67-Floor Elevator Trap

A Tour Guide’s Tragic Experience in the Empire State Building Elevator

A tour guide at the Empire State Building is now facing a legal battle after she was trapped in an elevator nearly 70 stories high, leading to a claimed case of post-traumatic stress disorder (PTSD). This incident has reportedly made it impossible for her to enter any elevator again, cutting short a career that spanned several decades. The woman, Maxine Malcolm, has been a familiar face to millions of tourists visiting the iconic New York City skyscraper's 86th-floor observation deck.

Malcolm, who is 55 years old, claims that during the incident, she was "entrapped, dangling high up – fearing for her very life and not knowing if the swinging elevator would drop at any time." According to a civil complaint, this traumatic experience led her to develop a severe fear of elevators, which has prevented her from continuing in her profession. The complaint states that she had to seek treatment for this gripping fear and ultimately left her job.

The Empire State Building, which is 94 years old, has a history of elevator issues. In 2008, five of the building's elevators got stuck simultaneously, forcing passengers to pry open the doors and jump down to the nearest landing. In 2016, members of a high school choir were trapped in an elevator around 40 stories in the air and had to be rescued by firefighters. Last year, seven people were stranded in a stuck elevator on the tower’s 16th floor, eventually being rescued after 90 minutes through a hatch in the car’s ceiling.

Malcolm, a Brooklyn resident, declined to comment on the incident when contacted by phone, referring The Independent to her attorney, Manuel Moses, who also chose not to comment.

The lawsuit, filed on July 18 in Kings County Supreme Court, highlights Malcolm's long-standing role as a trusted employee and respected tour guide, having served millions of tourists over 30 years. Her duties included ferrying passengers on elevators to the observation deck, and she often observed that these elevators would get stuck frequently.

According to the complaint, before the incident, there was an elevator that was getting stuck going up to the observation deck and remained in disrepair. Cars 5, 6, 8, and 10 were reported to break down often. On September 10, 2023, Malcolm was alone in car 6, heading upstairs for her lunch break when the elevator suddenly stopped and began swinging back and forth. She was badly shaken and knocked to the floor, seriously injuring her shoulder.

The complaint notes that this incident occurred just one day before September 11, which may have heightened her fear of possible impending death. Although the details of how long she was stuck or whether the elevator started again or required rescue are not specified, the trauma has led to ongoing psychological treatment for PTSD and a phobia of elevators.

Before developing her elevator phobia, Malcolm was earning roughly $90,000 annually, including overtime and benefits. Now, she receives $2,182 per month from workers’ compensation, which is less than $550 a week.

Malcolm’s lawsuit blames the Otis Elevator Company for her injuries, citing personal injury, emotional distress, and economic damages. The complaint argues that Otis had a heightened duty of care since the elevators are used for income-earning purposes and intended to lift heavy loads for millions of people annually.

The lawsuit alleges that the incident was foreseeable, given the history of problems with the elevators. It claims that employees from Otis would sometimes take elevators out of rotation, fix them, or leave them out for the entire day depending on the issue. However, Malcolm accuses Otis of allowing the elevator’s condition to deteriorate by failing to maintain all components of the elevator car, assembly, mechanicals, cables, motors, indicators, and sensors in working order for public safety.

As a result, Malcolm experienced severe pain and suffering, emotional distress, and anguish. She wanted to continue working at the Empire State Building into her later years but is now unable to due to her phobia. She is suing on multiple causes of action, including negligence, elevator phobia, and loss of employment, seeking monetary damages to be determined in court.

A spokesman for Otis, the world’s largest elevator company, stated, “It would not be appropriate for us to comment on a pending legal matter.”