Madison - St. Clair Record

Saturday, December 14, 2019

Trip out of elevator prompts lawsuit against Macy's, St. Clair Square

State Court

By John Breslin | Oct 4, 2019

Madisonmacys

A customer at Macy's at the St. Clair Square Mall in Fairview Heights claims she suffered injuries after an elevator allegedly stopped below the level of the floor.

Donna Gross has filed suit against the store, as well as the managers and owners of the mall, and the manufacturers of the elevator.

The suit, filed in St. Clair County Circuit Court, claims the incident at the store inside St. Clair Square Mall led to the plaintiff suffering injuries to her left foot, left ankle and back. Her husband, David, joined the suit, alleging loss of consortium.

Management at St. Clair Square Mall did not immediately return a call from the Record asking for comment.

The defendants in the case are the St. Clair Square Mall, CBL and Associates, Macy's Retail Holdings and the Schindler Elevator Corp. All are accused of the same negligent acts in connection with the Oct. 23, 2017, incident.

"At all times relevant, defendants owned, operated, maintained, managed and/or otherwise controlled the elevator inside the Macy's Store located in the St. Clair Square Mall," the complaint states. They also controlled the floors adjacent to the elevator, it is alleged.

Despite exercising care and caution while stepping out of the elevator, Gross tripped and fell "due to the dangerous condition on the premises."

The defendants, it is argued in the suit, had a "duty to everyone lawfully on the premises to maintain the premises."

It is claimed that the defendants "carelessly and negligently failed to properly inspect the premises," and failed to warn people of the "sudden decrease in elevation from the elevator" to surrounding floor.

Further, they did not manage or supervise maintenance, and allowed the doors to open below the floor elevation.

Gross claims she was forced to pay medical bills and has suffered a loss to the enjoyment of her life. She is seeking more than $50,000 and costs.

Her husband is also seeking more than $50,000 for loss of consortium caused by his wife's injuries.

The plaintiffs are represented by Derek J. Siegel of Kuehn, Beasley & Young of Belleville

St. Clair County Circuit Court case number 2019-L-0651

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