On March 11, 2011, four year old Mark DiBona was in a Sears Roebuck store in the Auburn Shopping Mall. The four year old was taking a ride on the escalator. After stepping on to the escalator, the handrail pulled him into a 6 1/4 inch gap that existed between a plexiglass barrier and the escalator. This caused him to fall to the floor below. Mark suffered traumatic head injuries. He died the next day.
Mark’s Parents Sue
Mark’s parents brought a lawsuit in Worcester Superior Court. Their lawsuit stated that Simon Property Group, Inc. and others involved with the mall were responsible for the boy’s death. The mall had new escalators installed in the year 2009. The building permits for the escalators required barriers be installed that would eliminate the 6 1?2 inch gap Mark DeBona fell through. Unfortunately, the contractor handling the installation did not install the barriers. Failure of the mall operators to install the barriers was the cause of Mark’s death. Weren’t these escalators inspected prior to becoming operational? Were the inspectors paying attention, or did they intentionally ignore the problem?
Our office has been handling all types of personal injury cases for more than 45 years. We represent individuals in car accidents, truck accidents, wrongful death cases, slip and fall cases and cases involving individuals bitten by ferocious dogs. Should you be involved in an accident or suffer an injury, call us at 1-800-344-6431, 516-561-6645 or 718-350-2802.
