The Boston Globe has reported that a wrongful death lawsuit, regarding the death of a young boy traveling on a poorly installed escalator, has been filed by the child’s parents.
M.D., 4 years-old at the time of his death, was caught between an escalator and a plexiglass barrier when he fell down a story and suffered irreparable head injuries.
The child was in the Auburn Mall on March 11 with his parents when the accident occurred. He had been pulled down by the momentum of the escalator’s handrail while attempting to gain access to its steps.
The gap he was sucked into, 6 ¼ inches, was between the escalator and the barrier.
He was pronounced dead on March 12 once his family decided to donate his heart.
D.D., the boy’s uncle and spokesman for the family, said, “What happened to (M.D.) on that awful day should never have happened. He was a happy, healthy 4-year-old boy with his entire life ahead of him. . . . Although we can never get (M.D.) back, we can try to make sure that no other family has to endure this kind of pain and loss.”
The parents, E.D. and L.D., are represented by Boston-based attorneys W. Thomas Smith and Stacey Pietrowicz.
The lawsuit was filed in Worcester Superior Court on June 8.
The suit accuses Simon Property Group Inc., Mayflower Auburn LP Mall, Sears Roebuck and Co., Botany Bay Construction Co. and Schindler Elevator Corp. of negligence contributing to M.D.’s death.
Barriers were approved by the Town of Auburn – in a building permit granted to the mall – to be included in the installation of its escalators. The barriers were to be installed for the purpose of closing the exact gap that M.D. slipped through.
The escalators were installed by the general contracting company, Botany Bay, but not the barriers. Two years passed before M.D.’s fatal fall, in which time, the suit contends, the escalator should have been fixed by either Sears or the mall’s operators.
Thomas Smith said, “It was just luck that nobody fell before (M.D.), if they had complied with the state building code, it would have saved (M.D.’s) life.”
Blueprints for the escalator included a barrier, Smith continued, in the building permit issued by the city. He said, “It was on the plans they were supposed to follow, and it wasn’t there.
And Sears and Simon were there on a daily basis, having the opportunity to make sure that the store complied with the building code. And didn’t do so.”
Schindler Corporation released a statement that read: “Our thoughts and prayers remain with the (D.) family, and we continue to provide the authorities our full support and cooperation. Schindler is committed to the safety of its equipment, its employees, and the riding public. Safety is our number one priority.”
Since M.D.’s death the Patrick administrations has reviewed escalator inspections throughout the United States and found 29 inspectors had approved escalators with similar problems.
The two inspectors that approved the Auburn Mall escalator have been fired and 29 face disciplinary actions.
If you suspect that the root of a loved one’s death was due to poorly installed machinery contact a personal injury lawyer today. You may have grounds for a lawsuit and be able to save another family from experiencing a similar loss.