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.
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