Young Girl Loses Two Toes in Escalator Accident

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Escalator Accident Occurs at Macy’s Location

Attorney Sam Davis is a lawyer representing the family of the Benfield who lost two toes in an escalator accident at a Macy’s location. Mr. Davis says that the retailer has failed to replace the machine for more than half a century.

Sam Davis says that:

It’s on of the oldest machines in America. It’s a 1958 original Westinghouse model that is inherently dangerous. No expert in the country would tell you that that’s a safe escalator, because it’s not!

Earlier in the week Mr. Davis filed a lawsuit in the U.S. District Court on behalf of  young Juliana Valdez. On August 16 Juliana was shopping with her mother and younger brother at the Garden State Plaza mall when her foot was “swallowed” by the escalator. Julianna suffered various injuries to her foot. She is only 10 years old.

Juliana has had 15 surgeries to her foot since the accident, she lost two of her toes due to the accident. Due to the pending litigation, Macy’s declined to comment on the Valdez’s lawyer’s comments. A spokesperson did however say that Juliana would remain in the thought and prayers of the chain.

Macy’s Contractor that set up and oversee the elevators and escalators at various Macy’s locations, confirmed that the machine that injured Juliana was indeed a “Mid to late 1950’s model manufactured by Westinghouse.” After Juliana’s accident the escalator was immediately shut down and remained out of use since then. 

In an e-mail Macy’s representative says that “Today we are in the process of upgrading all of the escalators in the store. This involves replacing and upgrading the metal steps and adding a ‘comb’ plate safety switch.”

ThyssenKrupp declined to comment on the accident but offered his thoughts to Juliana and her family.

Davis also alleged that the escalator had a broken support arm, and that the Macy’s claims video surveillance cameras that could have captured Julian being caught in the machine. He says with  the tapes they’re hoping to see what exactly happened. Macy’s is however, claiming that those camera’s weren’t operating.

Davis has also made it perfectly clear that he intends on to keep investigating Macys’s and other accidents that have occurred there for evidence and will be presented at Valdez’s case. 

Davis says:

They’ve been criticized before for not making the relatively modest capital investment, in requesting these escalators be properly maintained, and instead is having its customers face the consequences

Daniel A. Gibalevich
DAG Law Firm

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