Eric and Laura DiBona, have filed a lawsuit over the death of their 4-year old son Mark DiBona who was killed in an escalator accident in a Sears store.
According to reports, Mark was stepping onto the escalator when the force of the escalator handrail pulled him into a 6 1/4-inch gap between the escalator and a plexiglass barrier. He fell one story below and suffered severe head injuries. He died from his injuries the next day.
The parents were with their son at the time of the fatal accident.
It has been said that the Defendants’ negligence is the reason for the child’s death because; the companies involved in the installation and operation of the escalator failed to follow state rules and their own construction plans in 2009.
According to reports, when new escalators were installed in the mall back in 2009, the town of Auburn, Mass., approved a building permit for the installation of barriers to close the same gap that the boy went through and fell. However, the gap had not been closed.
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