PHILADELPHIA – A Philadelphia woman says her skirt was caught in the escalator of a Macy’s store in Bucks County and has initiated legal action against the store, the supposed manufacturer of the escalator and store employees who allegedly did not intervene or remedy the dangerous condition.
Christine Pembleton of Philadelphia initially filed suit in the Philadelphia County Court of Common Pleas on Sept. 1 versus Macy’s Inc. of New York, N.Y., Macy’s Retail Holdings, Inc. of Langhorne, Schindler Elevator Corporation of Morristown, N.J. and John Does 1-3, also of Langhorne.
“On Oct. 3, 2018, plaintiff was shopping at Macy’s Oxford Valley Mall store located at 2300 Lincoln Highway in Langhorne, when suddenly and without warning, the defective and/or unsafe escalator she was a passenger on caught her skirt, entrapped and pulled her down, and repeatedly struck her over a period of several minutes during which time each defendant failed to stop, correct or remedy said hazardous and injurious condition, causing plaintiff serious and/or permanent injuries to her neck, head, back, right ankle and leg,” the suit states.
“As a direct and proximate result of the aforementioned incident, plaintiff suffered serious and/or permanent injuries including, but not limited to: Back contusion, concussion with associated headache, post-traumatic headache, post-traumatic vertigo, cervical spine ligaments sprain, severe damage to her nerves and nervous system, and other diverse ills and injuries.”
According to the plaintiff, the defendants owed a duty to the plaintiff that the escalator in question which they provided for its intended users was in a safe, non-hazardous condition at all times.
The case was removed to the U.S. District Court for the Eastern District of Pennsylvania on Oct. 9, and Schindler Elevator Corporation then filed a motion to dismiss the case the following week, on Oct. 16.
“Plaintiff alleges that Schindler designed and manufactured the subject escalator. Based on the foregoing allegations, plaintiff includes two products liability counts against Schindler: Count III (Strict Liability) and Count IV (Breach Of Warranty). plaintiff’s claims must fail, as Schindler did not design, manufacture, or supply the subject escalator,” the motion read.
“Rather, Otis Elevator Company manufactured the subject escalator. A photograph identifying Otis Elevator Company as the manufacturer of the subject escalator is attached hereto as Exhibit ‘B.’ Because Schindler did not design, manufacture, or supply the subject escalator, plaintiff cannot establish the threshold requirement to advance claims in products liability.”
Schindler Elevator Corporation argued that when seen as a motion for summary judgment, it should be granted since a plaintiff cannot sustain product liability claims against a defendant which did not design, manufacture or supply the subject escalator. Therefore, the company looks to dismiss the counts of strict liability and breach of warranty.
For multiple counts of negligence, strict liability, breach of warranty, the plaintiff is seeking damages, jointly and severally, in excess of $50,000, exclusive of interest and costs, plus a trial by jury.
The plaintiff is represented by Robert A. Huber of Huber & Palsir, in Philadelphia.
The defendants are represented by Robert William Stanko of Marshall Dennehey Warner Coleman & Goggin, also in Philadelphia.
U.S. District Court for the Eastern District of Pennsylvania case 2:20-cv-05024
Philadelphia County Court of Common Pleas case 200802802
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com