A man injured on an escalator at the Alton Square Mall filed a personal injury suit against the mall and Kone Elevator.

Louis Fester claims he was at Alton Square on May 15, 2006, and while riding the escalator up he fell and was injured when the escalator unexpectedly stopped and started.

According to the suit filed May 9 in Madison County Circuit Court, Alton Square and Kone negligently constructed or maintained the escalator in an unsafe condition, failed to repair the escalator, allowed the escalator to be dangerously broken and allowed the escalator to start and stop unexpectedly.

"The Defendant Kone, Inc. had exclusive management and control of the escalator, and the incident was of a kind that does not occur in the ordinary course of events if those who exercise the management and control use due care," the complaint states.

"Defendant failed to use proper care, constituting negligence; Plaintiff relies upon the doctrine of res ipsa loquitur," the complaint also states.

Fester claims the fall caused severe, painful and permanent injuries to his body and limbs causing him to spend money for medical expenses and limiting his pursuit of ordinary activities.

Represented by Doug Mendenhall of Alton, Fester is seeking damages in excess of $10,000 but less than $50,000.

The case is scheduled for mandatory arbitration.

08 AR 294

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