The family of a 4-year-old Massachusetts boy who died after falling from a mall escalator has filed a wrongful death lawsuit.
Mark DiBona of Dudley died March 12 after falling from a second-floor escalator in a Sears store at the Auburn Mall. Authorities have said he fell after slipping through a gap between the escalator and a barrier.
The suit filed Wednesday in Worcester Superior Court names Sears, mall owner Simon Property Group Inc., the escalator’s manufacturer and a construction company as defendants.
The suit seeks unspecified damages.
A Sears spokeswoman said in an email that the company does not comment on pending litigation. A Simon Property group spokesman says he has no comment.
Following Mark’s death, two state inspectors were fired for failing to detect the gap that was wider than permitted.
Topics Lawsuits Massachusetts
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