Mall sued after child's hand stuck in escalator

Michelle Keahey, East Texas Bureau Aug. 22, 2011, 7:22am

SHERMAN - The parents of a child injured while riding an escalator have filed a lawsuit against the owners of a shopping mall for failing to warn of the escalator's unsafe and dangerous condition.

Joneh and Kashayla Moye, individually and as next friends of a minor child, filed suit against Kone Inc. and General Growth Management Inc., doing business as Vista Ridge Mall, on July 18 in Denton County Judicial District Court. The defendants removed the case to the Eastern District of Texas, Sherman Division on Aug. 15.

The incident occurred on July 18, 2009, as a minor child was ascending an escalator located within Vista Ridge Mall. Joneh Moye was holding his 18-month-old daughter's hand when he glanced up to see how far they were from the top of the escalator and states he felt a pulling sensation.

According to the original complaint, the child's hand was trapped in the escalator.

The girl was taken to a local emergency room where it was determined she fractured a finger and suffered significant lacerations. The suit states she required surgery to repair her injuries.

The defendants are accused of permitting the operation of a malfunctioning or defective and dangerous escalator.

The Moyes claim the defendants failed to discover, repair or remove the defective escalator within a reasonable time; failed to provide necessary and proper procedures for the maintenance, repair and operation of the escalator; failed to warn of the unsafe condition; and for failed to maintain a safe environment.

The parents are seeking damages for physical pain and suffering, physical impairment, mental anguish, scarring and disfigurement, medical expenses, interest, court costs and exemplary damages

The plaintiffs are represented by Geoffrey E. Schorr of Schorr Law Firm in Garland.

U.S. District Judge Richard A. Schell is assigned to the case.

Case No. 4:11-cv-00511

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