$1.5 Million Dollars to Settle Negligence Case
National department store agrees to pay boy and his family $1.5 million dollars to settle negligence case.
A 7 year old boy via his paternal guardians agreed to settle their claims of negligence against a national department store for $1.5 million dollars. The settlement was approved by Federal Magistrate Judge Esther Salas on September 20, 2011.
The incident occurred on October 26, 2009 when the infant child, his parents and sister were all riding on an escalator within the department store and the boy’s right pant leg and foot became caught at the mouth of the top of the escalator. The escalator continued to run pulling and tearing at the boy’s foot and ankle while his parents and bystanders attempted to free the child to no avail.
The plaintiffs claimed the escalator was improperly maintained and in a defective condition on the date of the incident which should have led the store to shut the escalator down and close it off to the public. There was evidence uncovered by the plaintiffs that there were broken and missing pieces to the top of the escalator that caused the accident and the store was aware of the defects with enough time to close the escalator and prevent anyone from getting hurt.
The boy suffered traumatic crush injuries to his right foot and severe scarring to the foot as well. He treated at Robert Wood Johnson Hospital for several weeks after having undergone surgery to repair the foot with skins grafting. Following treatment the infant plaintiff was released back to full activity so long as could be tolerated. Future surgery could be required as the boy grows.
The matter was mediated before the Honorable Jack Lintner on July 7, 2011.
Plaintiffs attorney: John M. Vlasac Jr., of Vlasac & Shmaruk, in Metuchen, NJ
Defense counsel: Michael Marone and Robert Moskow of McElroy, Deutsch, Mulvaney & Carpenter in Morristown.