Case Name Leonor Jaimes and Jose Jaimes v. Sears, Roebuck and Co., CherryVale Mall, LLC, CBL/CherryVale I, LLC, CBL & Associates Management, Inc., National Elevator Inspection Services, Inc. and Kone Inc.
Insured Name and Role in Case National Elevator Inspection Services, Inc. performed inspections of the escalator involved in the plaintiffs’ alleged occurrence.
Plaintiff Name and Role in Case Leonor Jaimes was allegedly injured while on an escalator at the Sears store in CherryVale Mall.
Jose Jaimes, husband of Leonor Jaimes, alleges a loss of consortium claim against all defendants as a result of the personal injuries allegedly suffered by Leonor Jaimes.
Co-Defs Names and Roles in Case According to the complaint, Sears occupied and controlled …show more content…
The inspector would test the speed of the escalator, the emergency stop switch and alarm switches. Further, the assessment would include a visual inspection of the threads, controller and wiring, drive machine and brake, brake tension, comb plates, handrails, signage, and the gap between the treads and the skirt or side of escalator. The inspector would also inspect the skirt switches located under the skirt approximately four steps from the lower end of the escalator that causes the escalator to glide to a stop over a distance of approximately two-inches to a full step and a half, depending on the weight on the escalator, if sufficient lateral pressure is applied to the …show more content…
are guilty of negligence for failing to maintain the escalator and keep it in good repair. Further, the plaintiffs allege that these defendants are liable based on the theory of res ipsa loquitur. In order to succeed on the res ipsa loquitur counts, the plaintiffs must prove: (1) that Leonor Jaimes was injured; (2) that she received her injury from the escalator which had been under the defendant's control and/or management; and (3) that in the normal course of events, her injury would not have occurred if the defendant had used ordinary care while the escalator was under the defendant’s control and/or management. Because we have no information as to the cause of the alleged malfunction or the defendants’ actions, other than having NEIS inspect the escalator six weeks before the occurrence, we are not able to provide a meaningful analysis at this time. However, we will update our report as facts are developed through discovery and