A tragic incident involving a young child and a malfunctioning escalator has led to a lawsuit filed in Harris County, Texas. On October 16, 2024, Alake Williams and Carnell Williams, acting individually and as representatives for their minor daughter A.W., filed a complaint against TK Elevator Corporation and H-E-B, LP. The plaintiffs allege that the defendants' negligence resulted in severe injuries to A.W., who lost four fingers on her dominant hand due to a defective escalator at an H-E-B store.
The case dates back to March 30, 2004, when three-year-old A.W. was shopping with her parents at an H-E-B store in Bellaire, Texas. As they were leaving the store via an escalator, A.W.'s right hand became trapped between the moving steps and the stationary wall of the escalator due to a large gap. Despite her parents' frantic efforts to free her hand, the safety mechanisms designed to stop the escalator failed to activate. Consequently, A.W.'s fingers were amputated by the escalator's machinery.
The plaintiffs argue that both TK Elevator Corporation (TKE) and H-E-B were negligent in maintaining and monitoring the escalator. They claim that TKE failed to ensure proper maintenance of the escalator's safety features, such as skirt switches that should have halted its movement when A.W.'s hand became stuck. Additionally, they accuse H-E-B of not adequately overseeing TKE's maintenance work or ensuring their employees were trained in handling such incidents.
Furthermore, the lawsuit alleges that after the incident occurred, both defendants failed to preserve crucial evidence by immediately placing the escalator back into service without reporting it to state authorities as required by law. This alleged spoliation of evidence is claimed to have hindered investigations into the accident's cause.
The plaintiffs are seeking over $1 million in damages for medical expenses, pain and suffering endured by A.W., mental anguish experienced by her parents witnessing the event, and punitive damages for gross negligence. They also request pre-judgment and post-judgment interest along with court costs.
Representing Alake Williams and Carnell Williams is attorney Paul Grinke from Ben Crump Law PLLC. The case is presided over by Judge Wanda Chambers under Case ID 2024-71972.