Lawsuit over escalator death in Auburn Mall settled

Dudley, Massachusetts residents Eric and Laura DiBona, who filed a negligence lawsuit in June 2011 in Worcester Superior Court against Schindler Elevator Corp., Sears, Botany Bay Construction Co. of Worcester, and the Simon Property Group and its two subsidiaries that manage the Auburn Mall, recently reached a settlement with the Simon Property Group, Schindler, and Sears. The claim was filed as a result of their son Mark’s wrongful death in 2011 after an escalator accident.

On March 11, 2011, Mark was with his mother and other family members in the mall. He was riding the escalator when a guardrail pulled him through a gap between a plexiglass divider and the escalator. Mark plunged 18 feet onto a display case. The little boy died in the hospital the following day.

The plaintiff’s lawyer stated that the settlement was reached within the last two months. He also said that the little boy’s death led to increased inspections of escalators in Massachusetts, with state officials scrutinizing the state’s 927 escalators and finding out that 69 did not have proper barricades installed around them.

Property owners have a responsibility to ensure that their premises are well-kept and will not pose unnecessary harm to visitors or tenants. If you have been seriously harmed or lost a loved one in an escalator accident in Massachusetts, our attorneys at Crowe & Mulvey, LLP, may be able to help you file a lawsuit. Call us at (617) 426-4488 to find out more today.